WRIC/16684/2026 of JANGBAHADUR AND 5 OTHERS Vs UNION OF INDIA AND 3 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 16684 of 2026 Court No. - 21 HON'BLE MAHESH CHANDRA TRIPATHI, J. HON'BLE KUNAL RAVI SINGH, J. 1. Heard Shri Arun Kumar Srivastava, learned counsel for the petitioners; Shri Varun Kumar Srivastava, learned counsel for the Union of India; 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. The instant writ petition has been preferred for a direction to respondents to provide the compensation of the acquired land of the petitioners regarding Arazi No. 34 and 12 situated in Mauza Raipur, Tehsil Saidpur, District Ghazipur. Alternatively, prayer is made to decide the representation dated 12.08.2025. 3. At the very outset, learned Additional Chief Standing Counsel informed to the Court that for redressal of grievance of tenure holders, claiming certain right/title over their land, the State Government had issued detailed Government Order dated 12.05.2016, which provides that in case the claimant files claim supported with requisite documents, the same would be considered by the District Level Committee for ensuring adequate compensation in the light of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short the 'Act 2013'). He submits that once the efficacious remedy is available to the petitioners, the matter should be relegated to the District Level Committee, which may examine the claim of petitioners within a Versus Counsel for Petitioner(s) : Arun Kumar Srivastava, Sanyukta Srivastava Counsel for Respondent(s) : A.S.G.I., Anurag Yadav, C.S.C., Varun Kumar Srivastava Jangbahadur And 5 Others .....Petitioner(s) Union Of India And 3 Others .....Respondent(s) reasonable time and submit its report to the Chairman/District Magistrate, who may accord adequate compensation accordingly. 4. The position of law is well-established that in view of Article 300A and 31A of the Constitution of India, the owner of land can be divested only in accordance with law after appropriately compensating, if such land is required by the State for public purpose. Since such power of eminent domain is not in dispute, we need not advert the matter at this stage in view of Government order dated 12.05.2016. 5. 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 finalised expeditiously, preferably within twelve weeks, thereafter.   May 7, 2026 A.K.Srivastava WRIC No. 16684 of 2026 2 (Kunal Ravi Singh,J.)   (Mahesh Chandra Tripathi,J.) Digitally signed by :- ARUN KUMAR SRIVASTAVA High Court of Judicature at Allahabad