- (1.) Memo of appearance filed on behalf of opposite party no.1 by Sri Krishna Lal Yadav, Advocate, is taken on record.
(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner is praying for following reliefs :- "(i) Issue a writ, order or direction in the nature of mandamus direction and commanding the Competent Authority NHAI-233/Additional District Magistrate (F&R), Ambedkar Nagar to pay compensation of land Gata No. 438/0.0967 Hec. situated at Village Dasraicha, Pargana-Bidhar, Tehsil- Tanda, District-Ambedkar Nagar in compliance of final order dated 12.03.2018 passed by Arbitrator/Collector, Ambedkar Nagar within stipulated period, in the interest of justice. ii. Any other or direction in the nature which this Hon'ble High Court deems fit and proper in the circumstances of the case, in favour of the petitioner."
(3.) According to the petitioner, he is the recorded owners and bhumidhari of land at Gata No. 438 measuring 0.0967 hectare situated at Village Dasraicha, Pargana Bidhar, Tehsil Tanda, District Ambedkar Nagar. The opposite party no. 2 had issued a Notification under Section 3-A National Highways Act, 1956 (for the short 'Act of 1956') on 30.7.2012 in order to acquire the land for the purpose of construction of road from Bharat Nepal boundary to Varanasi which is called as National Highway No. 233. The declaration of acquisition under Section 3-D of the Act of 1956 was published on 14.6.2013 (wrongly mentioned as 8.8.2013). Being aggrieved from the award dated 7.11.2015, the petitioner had filed a case No. D-20160440920 ( Satyawati Devi and others vs. Union of India and others ) under Section 3-G (5) of the Act of 1956 before the Arbitrator/Collector, Ambedkar Nagar. The Arbitrator decided the case vide order dated 12.3.2018 whereby the rate was fixed as Rs. 1700/- per square meter.;