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2026 DAILYLAW 3700 (ALL)

AJAY KUMAR TRIPATHI AND 2 OTHERS v. UNION OF INDIA AND 3 OTHERS

WRIC/16699/2026 · 2026-05-06

Kunal Ravi Singh, Mahesh Chandra Tripathi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16699 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard learned counsel for the petitioners; Ms. Uttara Bahuguna, learned Additional Chief Standing Counsel for the State-respondents and Shri Rajesh Kumar Jaiswal, 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 relief: "i. To issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay compensation to the petitioners for acquisition of their land being plot No. 61 (area 0.3272 hectare) situated in village Barari Tappa Dhatura Tehsil and District Deoria at the rate applicable for road side land." 3. At the very outset, learned Additional Chief Standing Counsel has raised an objection qua the maintainability of the instant writ petition on the ground that in case, the petitioners are 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 petitioners, 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 petitioners approach the Arbitrator Versus Counsel for Petitioner(s) : Daya Shankar Mani Tripathi Counsel for Respondent(s) : A.S.G.I., C.S.C., Rajesh Kumar Jaiswal Ajay Kumar Tripathi And 2 Others .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) 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 7, 2026 A.K.Srivastava WRIC No. 16699 of 2026 2 (Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad