Neutral Citation No. - 2025:AHC:136058-DB Court No. - 29 Case :- WRIT - C No. - 23440 of 2025 Petitioner :- Uttamesh Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Archit Mishra,Vibhu Rai Counsel for Respondent :- C.S.C.,Pranjal Mehrotra Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. Heard Shri Vibhu Rai, learned counsel for the petitioners, Shri Mahendra Pratap Singh, learned counsel for the National Highways Authority of India, and Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents. 2. The petitioners have approached this Court seeking an appropriate direction commanding the respondents either to acquire their land measuring 0.0138 hectares, part of Gata No. 478 Cha, situated at Village Atrampur @ Nawabganj, Tehsil Soraon, District Prayagraj, in accordance with the due procedure prescribed under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act, 2013), or, in the alternative, to pay damages for alleged illegal utilization of the said land without formal acquisition and without following due process of law. 3. Learned counsel for the petitioners submits that they are the lawful owners in possession of the land in question, having transferable rights. It is stated that N.H.A.I., by notification dated 03.11.2002 issued under Section 3(2) of the National Highways Act, 1956, proposed to acquire a total area of 0.6687 hectares, including part of the petitioners' holding. On account of road widening, certain portions were acquired, and compensation was duly paid. However, it is alleged that during the Kumbh Mela, the remaining portion of their land was also taken over by N.H.A.I. without completing acquisition proceedings or making payment of compensation in accordance with law. The petitioners' application for actual demarcation of their holdings is stated to be pending before the Sub-Divisional Officer, Tehsil Soraon, under Section 24 of the U.P. Revenue Code, 2006. 4. The grievance of the petitioners is that the actual demarcation of their holdings be undertaken on the spot in the presence of all concerned parties, and that, in the event any portion is found to have been utilized for the project, due compensation in terms of the 2013 Act be paid. 5. Considering the factual situation, and without entering into the merits of the case, at this stage, it is directed that the Sub- Divisional Officer/Competent Authority under Section 24 of the U.P. Revenue Code, 2006 shall ensure the actual demarcation of the petitioners' holdings in accordance with law. This exercise shall be carried out in the presence of the petitioners and representatives of the N.H.A.I., ensuring opportunity of participation to all stakeholders. In the event it is found that any portion of the petitioners' land has been utilized by N.H.A.I. without lawful acquisition, the petitioners shall be entitled to seek and obtain fair compensation in accordance with the provisions of the 2013 Act. 6. The aforesaid exercise shall be concluded within a period of three months from today. 7. With these observations and directions, the writ petition stands disposed of. Order Date :- 12.8.2025/Shafique Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad