Neutral Citation No. - 2025:AHC:132748-DB Court No. - 29 Case :- WRIT - C No. - 25959 of 2025 Petitioner :- Banke Lal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kripa Shankar Shukla,Ram Krishna Pandey Counsel for Respondent :- C.S.C.,Rajesh Kumar Jaiswal Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Sri K.S. Shukla, learned counsel for the petitioner; Sri Devesh Vikram, learned Addl. Chief Standing Counsel for State-respondent nos.1 to 3 and Sri Rajesh Kumar Jaiswal, Advocate, who has put in his memo of appearance on behalf of respondent nos.4 and 5, which is taken on record. 2. The instant writ petition has been preferred for a direction commanding respondent no.5 to accord the petitioner the compensation of the fisheries land bearing Pond Plot no.43, area 1.9270 hectare situated in Village-Dhandhwarakala, Tehsil- Shahganj, District-Jaunpur in pursuance of letter dated 20.06.2024. 3. Learned counsel for the petitioner states that the petitioner was a licensee and accorded fisheries rights over Plot no.43, admeasuring 1.9270 hectare in Village-Dhandhwarakala, Tehsil-Shahganj, District-Jaunpur vide allotment letter dated 20.06.2024. He further submits that later on for widening of N.H.135A, 1.4151 hectare of plot no.43 out of 1.9270 hectare, which was recorded as pond land, has been notified under section 3A and 3D of the National Highways Act, 1956 on 27.11.2023 and 17.02.2024 and award has been declared on 14.03.2024. In this backdrop, learned counsel for the petitioner submits that the petitioner is a licensee and has been accorded fisheries rights over the land in question and on account of widening of road, he had suffered irreparable loss and injury, as such, direction be issued to the answering respondents to accord compensation to the petitioner. 4. Per contra, learned Addl. Chief Standing Counsel as well as learned counsel for respondent nos.4 and 5 have resisted the relief prayed for in this petition on the premise that even though the petitioner is a licensee over the recorded pond having fisheries rights, it cannot be said that he is having right and title over the land in question. However, they further fairly submitted that in case the petitioner moves a representation before the concerned authority seeking compensation on account of acquisition of the land in question on which he is having fisheries rights, the same would be considered and decided by the concerned authority as per admissible law, at the earliest possible. 5. Considering the factual situation, at this stage, without adverting any opinion on the merits of the case, we dispose of the instant petition with a direction that in case the petitioner moves a fresh representation ventilating his grievances before the concerned District Magistrate/Collector within a week from today, the same would be considered and decided strictly in accordance with law, as expeditiously as possible, but certainly after taking necessary comments from the Executive Engineer/Project Director, NHAI. Order Date :- 6.8.2025 Manish Himwan (Prashant Kumar,J.) (M.C. Tripathi, J.) Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad