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2026 DAILYLAW 3326 (ALL)

MOHAN JI DUBEY v. STATE OF U.P. AND 3 OTHERS

WRIC/15879/2026 · 2026-05-04

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 15879 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Arif Ikbal, learned counsel for the petitioner, Shri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents and Shri Sudheer Mishra, learned counsel for the respondent - National Highway Authority of India (NHAI). 2. This writ petition has been filed praying inter alia for the following principal reliefs: "i. To issue a writ, order or direction in the nature of Certiorari Quash/Set Aside the impugned Award dated 10-12-2023, whereby the sum of Rs. 18,85,380/- has been determined against the compensation for the acquisition of arazi no. 96 area 0.07710 Hec. situated in Village- Ojha Kachhuwa, Pargana, Tehsil and District- Ballia under National Highways Acty, 1956 forthwith. ii. To issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent no. 3 to make a compliance of Order dated 22-12-2022 passed by the Commissioner, Azamgarh Division Azamgarh and convened a fresh meeting with regard to district lands rate fixation committee for fixing a rate to acquire and purchase the lands in accordance with law by following the provisions of Act 2013 and National Highways Act, 1956 and by affording opportunity to the petitioner who has been aggrieved and affected by the process of acquisition of lands and determination and assessing the market value of land and also not to acquired the lands of petitioner without following the Versus Counsel for Petitioner(s) : Afzal Parvej, Arif Ikbal Counsel for Respondent(s) : Anurag Yadav, C.S.C., Sudheer Mohan Ji Dubey .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) provisions of Act 2013, so that the justice may be done. 3. At the outset, learned counsel for the respondents has raised an objection qua the maintainability of the instant writ petition on the ground that in case, the petitioner is aggrieved with the quantum of compensation, the appropriate remedy is to agitate the relief before the arbitrator under Section 3G(5) of the National Highways Act, 1956 (hereinafter referred to as 'the Act, 1956'). Once, the efficacious remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum. 4. Considering the factual situation, without adverting on merits of the case, we are not inclined to entertain the writ petition or accord any relief. However, it is observed that in case the petitioner approaches the Arbitrator under Section 3G(5) of the Act, 1956 within one week from today, the same shall be considered and decided expeditiously in accordance with law. 5. With the aforesaid leave, the instant writ petition stands disposed of. May 5, 2026 A.K.Srivastava WRIC No. 15879 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad