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2025 DAILYLAW 79248 (ALL)

RAM KRISHNA AND 7 OTHERS v. STATE OF U.P. AND 3 OTHERS

WRIC/27646/2025 · 2025-08-22

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:146104-DB Court No. - 29 Case :- WRIT - C No. - 27646 of 2025 Petitioner :- Ram Krishna And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Karan Counsel for Respondent :- C.S.C.,Mahendra Pratap Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anish Kumar Gupta,J. 1. Heard learned counsel for the petitioners; learned Standing Counsel for State respondents and Shri Mahendra Pratap, learned counsel for National Highways Authority of India (NHAI). 2. In pith and substance, the grievance of the petitioners is that similar situated persons have been accorded compensation at much higher rate, whereas the petitioners have been discriminated. 3. Learned counsel for NHAI had resisted the relief on the ground that National Highways Act (in short "Act") is self-contained Act, wherein full fledged mechanism is provided for quantum of compensation. If the petitioners are aggrieved, they may agitate their claim before the Arbitrator in view of the provisions contained under Section 3G (5) of the Act. Once efficacious remedy is available to the petitioners, there is no reason or occasion to byepass the statutory forum and as such the writ petition is liable to be dismissed. 4. In view of above, we are not inclined to proceed further in the matter. However, the petitioners are at liberty to avail the remedy as available in law. The writ petition stands disposed of accordingly. Order Date :- 23.8.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad