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2025 DAILYLAW 65965 (ALL)

MOHAMMAD ABUZAR AND 2 OTHERS v. UNION OF INDIA AND ANOTHER

WRIC/23112/2025 · 2025-10-05

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23112 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners; Shri Ambrish Shukla, learned Addl. Chief Standing Counsel for State respondent and Ms. Pooja Agarwal, learned counsel for respondent no.1. 2. The instant writ petition has been preferred for following reliefs:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondents to review and refix the amount of compensation, treating the land of petitioner as commercial land in place of agricultural land, in lieu of the land Khasra No.357 area 0.590 hectare situated at Mauja-Samada, Pargana-Maghar Purab, District-Sant Kabir Nagar, so acquired for construction of Railway Line along with interest thereon within a stipulated period as fixed by this Hon'ble Court. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to consider and decide the claim of petitioner contained in representation dated 03.04.2025 for being reviewed and refixed the amount of compensation, treating the land of petitioner as commercial land in place of agricultural land, in lieu of the land Khasra No.357 area 0.590 hectare situated at Mauja-Samada, Pargana-Maghar Purab, District Sant Kabir Nagar so acquired for construction of Railway Line along with interest thereon within a stipulated period as fixed by this Hon'ble Court." 3. At the outset, learned counsel for the respondents raised an objection that the acquisition took place under the Railways Act, 1989 (in short "Act"), which is a self-contained Act. In case, the petitioners are aggrieved over the Versus Counsel for Petitioner(s) : Ram Pravesh Yadav, Swatantra Kumar Rai Counsel for Respondent(s) : A.S.G.I., C.S.C., Pooja Agarwal Mohammad Abuzar And 2 Others .....Petitioner(s) Union Of India And Another .....Respondent(s) quantum of compensation, the appropriate remedy is to press application before Arbitrator under Section 20 (F) (6) of the Act. He further submits that as per notification dated 2.9.2024, in exercise of the powers conferred by sub-section (6) of Section 20 (F) of the Act, the Central Government authorized District Magistrate, Santkabirnagar as "Arbitrator". He submits that once efficacious remedy is available to the petitioners, there is no reason or occasion to byepass the said forum. 4. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and in the interest of justice, the writ petition stands disposed of with observation that in case the petitioners approach to the Arbitrator as per the Act ventilating their grievances within one week, definitely the grievance of the petitioners will be looked into, examined and redressed by the Arbitrator in accordance with law expeditiously. October 6, 2025 SP/ WRIC No. 23112 of 2025 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad