Court No. - 10
Case :- MATTERS UNDER ARTICLE 227 No. - 4523 of 2020 Petitioner :- Harkesh And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jitendra Pal Singh Chauhan,Neeraj Dube Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Counsel for the petitioners is permitted to make necessary corrections in the prayer clause of the petition.
Heard counsel for the petitioners and Sri Neeraj Dube, counsel appearing on behalf of respondent nos. 2, 3 and 4.
After some arguments, counsel for the petitioners confined his prayer only in respect of prayer no. 4 and the prayer no. 4 is quoted below:-
"(iv) pass the appropriate order and to direct the respondent no. 4 Prescribed Authority, National Highways Authority of India/Special Land Acquisition Officer, Joint Organization, Bijnor to refer the above case/dispute for decision to the Principal Civil Court of Original Jurisdiction in view of mandate of section 3H(4) of the National Highways Act, 1956."
Counsel for the respondents has no objection in granting the aforesaid prayer.
In view of the same, without expressing any opinion on the merits of the issue, the present petition stands disposed of finally with a direction to the respondent no. 4/Prescribed Authority, National Highways Authority Of India/Special Land Acquisition Officer, Joint Organization, Bijnor to refer the case in question for a final disposal before the Principal Civil Court of Original Jurisdiction in terms of the provisions contained under section 3(H)(4) of the National Highways Act, 1956. The aforesaid exercise be completed by the respondent no. 4 within a period of two months from the date of production of self attested computer generated copy of this order downloaded from the official website of High Court Allahabad but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties, if there is no legal impediment.
Order Date :- 6.1.2021 Swati