Allahabad High Court
MOHAN JI DUBEYversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The writ petition is not maintainable as the petitioner must first approach the arbitrator under Section 3G(5) of the National Highways Act, 1956.
Summary
Mohan Ji Dubey filed a writ petition in the Allahabad High Court seeking to quash an award of Rs. 18,85,380 determining compensation for land acquired under the National Highways Act, 1956, and to compel the National Highway Authority of India to fix land rates as per a 2022 order. The respondents contended that the petition was not maintainable because the petitioner had a specific statutory remedy under Section 3G(5) of the National Highways Act, which requires approaching an arbitrator for compensation disputes. The Court examined the maintainability issue without delving into the merits of the compensation award. It held that the petitioner must first invoke the arbitrator under the said provision before seeking judicial relief. Consequently, the Court declined to entertain the writ and directed the petitioner to approach the arbitrator within a week, after which the matter could be reconsidered. The petition was therefore disposed of without any substantive order on the merits.
Issues considered
- Whether a writ petition challenging a compensation award under the National Highways Act, 1956 is maintainable when the statutory remedy of arbitration under Section 3G(5) is available.
- Whether the High Court can issue certiorari or mandamus to set aside the award and direct the NHAI to fix land rates.
Legislation cited
- National Highways Act, 1956 — s. 3G(5)
Subjects
- land acquisition
- compensation
- writ petition
- certiorari
- mandamus
- arbitration
- National Highways Act
- maintainability
- statutory remedy
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 15879 of 2026
Mohan Ji Dubey
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Afzal Parvej, Arif Ikbal
Counsel for Respondent(s) : Anurag Yadav, C.S.C., Sudheer
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
WRIC No. 15879 of 2026
2
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.
(Kunal Ravi Singh,J.) (Mahesh Chandra Tripathi,J.)
May 5, 2026
A.K.Srivastava
Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…