Court No. - 39
Case :- WRIT - C No. - 17255 of 2019 Petitioner :- M/S Bansal Wires Pvt Ltd Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Afzal Ahmad Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Afzal Ahmad, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel for respondent no.2 and learned standing counsel for respondent nos. 1 and 3.
The petitioner in this writ petition is claiming compensation along with interest for the acquisition of its land bearing Plot Nos. 497/1, 497/2 and 499 situated at village Bhaunti Pratappur Tehsil Sadar Kanpur Nagar under section 3 D of the National Highways Act, 1956 (in short the Act).
Contention of the learned counsel for the petitioner is that the plots of the petitioner have been given to the Central UP Gas Limited laying gas pipeline but no compensation has been paid to it.
Notice of acquisition issued under section 3 G (3) of the Act (Annexure 2 to the writ petition) shows that Plot nos. 497/1 and 499 are in the possession of one Sri Ravi Shanker Agarwal. Learned counsel for the petitioner states that the land in question was transferred by Sri Ravi Shanker Agrawal to Sri Anil Agrawal, Director of M/s Bansal Wires Pvt. Ltd. prior to the acquisition and in this regard he has referred to the correspondence (Annexure 5 to the writ petition) between the Manager (Technical) and Sri Anil Agarwal (Director)- petitioner dated 7.2.2017.
Be that as it may, in our opinion, if the petitioner is claiming compensation it may apply before the authority concerned under section 3 H (2) and (3) of the Act.
We, therefore, dispose of the writ petition with liberty to the petitioner to approach the Special Land Acquisition Officer/ Additional District Magistrate, Kanpur Nagar, respondent 3 for redressal of its grievances.
Order Date :- 29.5.2019 samz