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2025 DAILYLAW 90343 (ALL)

KRISHNA MOHAN PATEL AND 3 OTHERS v. STATE OF UP AND 2 OTHERS

WRIC/30337/2025 · 2025-09-15

Anish Kumar Gupta, Mahesh Chandra Tripathi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30337 of 2025 Court No. - 29 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE ANISH KUMAR GUPTA, J. 1. Heard learned counsel for the petitioners and Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents. 2. The instant writ petition has been filed seeking following relief:- "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondents authority to pay compensation to the petitioners as per rate of rupees 78 lacs per hectare fixed for road side land. (b) Issue a writ, order or direction in the nature of mandamus direct the respondent No. 3/Additional District Magistrate/Special Land Acquisition Officer, Sant Kabirt Nagar to decide the representation dated 25.2.2025 within stipulated period." 3. In pith and substance the grievance of the petitioners is that their land have been acquired for construction of new Railway line from Bahraich to Kalilabad but a very meagre amount has been awarded as compensation. It is further alleged that certain other tenure holders, whose lands were also acquired, have been granted higher compensation. In this backdrop, the petitioners seek a direction for higher compensation based on the prevailing circle rate along with interest. 4. The relief is opposed by Sri Devesh Vikram, learned Additional Chief Standing Counsel for the State respondents on the ground that the acquisition proceedings were initiated under the provisions of the Versus Counsel for Petitioner(s) : Siddharth Saran Counsel for Respondent(s) : C.S.C. Krishna Mohan Patel And 3 Others .....Petitioner(s) State Of Up And 2 Others .....Respondent(s) Railways Act, 1989, and an award has already been passed. If the petitioners are aggrieved by the quantum of compensation, they have an efficacious remedy of approaching the Arbitrator under Section 20-H(6) of the Railways Act, 1989. 5. Considering the facts and circumstances of the case, we are not inclined to entertain the writ petition, as the petitioners have an efficacious alternative remedy for redressal of their grievance by approaching the Arbitrator. In case such an application is filed under Section 20-H(6) of the Act, 1989 within two weeks from today, the same shall be considered and decided in accordance with law on its own merits. 6. With the aforesaid observations, the writ petition stands disposed of. September 16, 2025 Kirti WRIC No. 30337 of 2025 2 (Anish Kumar Gupta,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad