Court No. - 29
Case :- WRIT - C No. - 31361 of 2018 Petitioner :- C/M Junior High School And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Mukhtar Ahmad,J.
Heard Sri Prabhakar Awasthi, learned counsel for the petitioners.
Some land of the petitioners has been acquired under the National Highways Act, 1956. In respect to the said acquisition an award has been made on 21.3.2018 by the competent authority.
The contention of the learned counsel for the petitioners is that they are entitled to the compensation according to the award but some application raising objections has been filed by the respondent no. 3 before the competent authority with the result the compensation is not be distributed.
A perusal of the objection of the respondent no.3 reveals that a dispute has been raised regarding the entitlement of the parties to receive the compensation of the land in dispute.
The aforesaid dispute is redressable by the competent authority under sub-section 3 of Section 3-H of the Act or is referable to the civil court in accordance with sub-section 4 of Section 3-G of the Act.
In view of the above, we direct the competent authority to consider and dispose of the objections of the respondent no. 3 with regard to the entitlement of the parties to receive compensation, in accordance with law most expeditiously or if necessary he may refer the matter to the civil court within a period of two months.
The writ petition is disposed of.
Order Date :- 20.9.2018 M.A.Ansari