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2025 DAILYLAW 82172 (ALL)

UMESH AND 20 OTHERS v. STATE OF UP AND 3 OTHERS

WRIC/26447/2025 · 2025-08-06

Mahesh Chandra Tripathi, Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133936-DB Court No. - 29 Case :- WRIT - C No. - 26447 of 2025 Petitioner :- Umesh And 20 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Amar Nath Tiwari,Rishi Kant Rai Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State respondents and learned counsel for National Highway Authority of India-respondent no.1. 2. By means of the instant petition, petitioner has prayed for following principal reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari, quashing the impugned award dated 16.02.2024 passed by Additional District Magistrate (Administration), Aligarh/Competent Authority (L.A.), N.H.-272 (Deoria Bypass), District Deoria in Case No.25/2024 Village Ghataila Ghazi and Case No.26/2024 Village Ghatalia Cheti @ Chakbandi." 3. At the very outset, learned counsel for the contesting- respondents has vehemently resisted the relief as has been prayed for by the petitioners with three fold submissions; (i) the National Highway Act, 1956 (hereinafter referred to as the "Act, 1956") is a self-contained Act, wherein, every measures have been provided to ventilate the grievance of the petitioners raised herein, (ii) the adequate compensation has already been fixed by the Prescribed Authority/competent authority in accordance with law and (iii) in case, the petitioners are aggrieved qua the quantum of the compensation accorded in their favour, they have an efficacious alternative remedy under the provisions enshrined in 3G(5) of the Act, 1956 to approach the Arbitrator for redressal of their grievances. 4. Considering the objections so raised by learned counsel for the contesting-respondents, we are not inclined to quash the impugned order. However, in case, the petitioners approach before the Arbitrator/District Magistrate concerned under Section 3G(5) of the Act, 1956 within a period of two weeks' from today, we hope and trust, that the same shall be decided strictly in accordance with law ignoring the delay and laches, if any, after affording hearing to all the stake holders. 5. With the aforesaid observations, the instant petition stands disposed of. Order Date :- 7.8.2025 A. Pandey Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad