HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28240 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Ms. Nandini Mishra, learned counsel for the petitioners, Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Sri Vaibhav Tripathi, learned counsel for the respondent no. 2. 2. The instant writ petition has been filed seeking a direction to the fourth respondent-Additional District Magistrate (Finance and Revenue) Joint Organization, Land Acquisition, Deoria to pay the payment of compensation to the petitioners for their acquired property assets situated at Gate no. 951 rakba 0.1340 hectare at Village-Gaura Bangar, Pargana Salempur Majhauli, Tehsil-Barhaj, District-Deoria vide award dated 24.4.2024. 3. Learned counsel for the petitioners submits that the petitioners are the original owners of Khasra no. 951 rakba 0.1340 hectare situated at Village-Gaura Bangar, Pargana Salempur Majhauli, Tehsil Barhaj, District Deoria. For the purposes of road widening the National Highways Authority of India published a notification under Section 3A and 3D for acquisition of land situated in Village Gaura Bangar, and the award for the land was declared on 25.3.2023. In lieu of the award, notices were sent to the petitioners for disbursement of compensation on 7.8.2023. It is further submitted that the authority concerned declared another award on 24.4.2024 for the property assets and send a compensation disbursement notice on 7.3.2025 but till date no compensation has been paid to the Versus Counsel for Petitioner(s) : Nandini Mishra Counsel for Respondent(s) : A.S.G.I., C.S.C., Vaibhav Tripathi Pradeep And Another .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) petitioners. 4. In this backdrop, learned Additional Chief Standing Counsel was directed to seek detailed instructions vide order dated 3.9.2025, which reads as under:- "1. Heard Shri Naveen Singh, Advocate holding brief of Mrs. Nandini Mishra, learned counsel for the petitioners; Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State respondents and Shri Vaibhav Tripathi, learned counsel for respondent no.2. 2. The instant writ petition has been preferred with the prayer to command respondent no.4/Additional District Magistrate (Finance and Revenue) Joint Organizatio, Land Acquisition, Deoria to pay the payment of compensation to the petitioner of their acquired property assets situated at Gata no.951 Rakba 0.1340 hectare at Village Gaura Bangar, Pargana Salempur Majhauli, Tehsil Barhaj, District Deoria vide award dated 24.04.2024. 3. Learned counsel for the petitioners submits that till date even though the award has been passed on 24.04.2024, the actual disbursement has not been ensured by the Additional District Magistrate-respondent no.4. 4. Before proceeding further in the matter, let Shri Ambrish Shukla, learned Additional Chief Standing Counsel may obtain instructions in the matter. 5. Put up again as fresh on 15.09.2025. Meanwhile in case there is no other impediment, the amount of compensation qua Gata no.951 Rakba 0.1340 hectare at Village Gaura Bangar, Pargana Salempur Majhauli, Tehsil Barhaj, District Deoria may also be released in favour of tenure holders. " 5. In response thereof, Sri Ambrish Shukla, learned Additional Chief Standing Counsel has placed the detailed instructions sent by the Additional District Magistrate, Land Acquisition, dated 12.9.2025, the same is taken on record. On the strength of instructions, it is claimed that initially the acquisition was made for road which was constructed by PWD. Later on the notifications were made by the NHAI for widening of National Highway 227A Ram Janki Marg. He heavily placed reliance on the fact that the proceedings which were drawn under Section 38A of the WRIC No. 28240 of 2025 2 U.P. Revenue Code, 2006, the prescribed authority had finalised the proceedings on 17.12.2024 whereby certain entries were rectified and the entry in favour of PWD was ensured. Learned Additional Chief Standing Counsel submits that highly disputed facts have been pressed which cannot be adjudicated in proceedings under Article 226 of the Constitution of India. He submits that the road was constructed 40-50 years ago and at that stage adequate compensation was already paid. Later on certain land was required for widening of NH227A by the NHAI for which notifications were issued and award was also made, and if the petitioner is aggrieved by the disbursement of compensation, the same can very well be examined by the District Level Committee which is constituted under the G.O. dated 12.5.2016. He submits that the matter may be relegated to the District Level Committee, which may scrutinize each and every facet of the matter but certainly taking into account all the proceedings finalized under Section 38 of the U.P. Revenue Code, 2006. 6. In the interest of justice, the request is accepted as the State Government has already notified the G.O. dated 12.5.2016 wherein such disputed facts can be examined by the District Level Committee. 7. Considering the facts and circumstances of the case and the relief prayed in the instant matter, we dispose of the instant petition with liberty to the petitioners to make fresh representation along with true attested copy of the instant order before District Level Committee constituted under the Government Order dated 12.05.2016 within two weeks. In the event, such representation is made, the District Level Committee shall consider the claim of the petitioners and ensure that the proceeding shall be finalized expeditiously, preferably within twelve weeks, thereafter. September 15, 2025 Kirti WRIC No. 28240 of 2025 3 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad