Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125343-DB Court No. - 29 Case :- WRIT - C No. - 24599 of 2025 Petitioner :- Narayan Das Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Dinesh Kumar,Neeraj Srivastava Counsel for Respondent :- A.S.G.I.,C.S.C.,Paras Nath Rai,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner, Shri P.N. Rai for the respondent no. 1, Shri R.K. Jaiswal for the respondent no. 3 and Shri Ambrish Shukla, learned Additional Chief Standing Counsel appearing for the respondent nos. 4 and 5.
2. The instant writ petition is preferred for a direction commanding the respondent to refer the matter to the arbitrator for determining the proper compensation in lieu of the acquisition of the petitioner's holding being plot no. 275 area 0.149 Hectare situated in Village Chauka, Pargana Mah, Tehsil Handia, District Prayagraj.
3. Learned counsel for the petitioner submits that a notification under Section 3A of the N.H.A.I. Act, 1956, had been issued qua the holding of the petitioner for development of National Highway No. 731B (Machhalishahr-Janghai-Durgaganj-Bhadohi-Kapsethi- Varanasi road). Later on the award was passed under Section 3G of the said Act on 22.11.2022. He further submits that while quantifying the amount, the construction of his residential dwelling unit had not been considered. Aggrieved with the lesser compensation, the petitioner has invoked the instant proceeding.
4. Per contra, the learned Standing Counsel, who represents State-
respondents resisted the above reliefs on two fold submissions. He submits that firstly, the Act, 1956 is a self-contained act and in case, the incumbent tenure holder is aggrieved with a lesser compensation under Section 3G of the said act, the adequate remedy is to press the relief before the arbitrator in view of the provision under Section 3G(5) of the Act, 1956. Secondly, if an efficacious remedy is available to the petitioner, there is no reason to entertain the instant writ petition.
5. Considering the factual situation, without adverting on to the merit of the case, in case the petitioner is aggrieved with the lesser compensation, it is always open to him to invoke the remedy as contemplated in law, and the same may be disposed of expeditiously.
6. With the aforesaid observation, the writ petition stands disposed of. Order Date :- 29.7.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad