Court No. - 39
Case :- WRIT - C No. - 3152 of 2019 Petitioner :- Smt. Husn Ara Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Akhtar Ali Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble B. Amit Sthalekar,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Narendra Singh, learned Central Government Standing Counsel files his memo of appearance on behalf of respondent no.1-Union of India today in the Court. The same is taken on record.
Heard Sri Akhtar Ali, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel for the respondent no.2 and the learned Standing Counsel for the respondent no.3 as well as Sri Narendra Singh, learned counsel for the respondent no.1.
The petitioner in the writ petition is seeking a direction to the respondent no.3 to consider and decide her objection with regard to apportionment of her share in the land being Khasara/Plot no. 723 area 1.0673 Hectare, situated at Village- Kashi, Pargana, Tehsil and District-Meerut.
According to the petitioner, she is the co-sharer of the land, which has been acquired by the respondents for construction and widening of National Highway in pursuance of Notification under Section 3-A(3) of the National Highways Act, 1956. It is stated that the award in the acquisition proceedings was given on 22.02.2017 and she filed her objection dated 18.12.2017 (Annexure no.4 to the writ petition) for apportionment and payment of her share followed by a reminder dated 07.12.2018 (Annexure no.5 to the writ petition) but till date no order has been passed by the respondent no.3.
No useful purpose would be served by keeping this writ petition pending.
This writ petition is therefore disposed of with a direction to the respondent no.3-Additional District Magisrate (L/A)/Joint Committee, Meerut to consider and decide the petitioner's claim applications dated 18.12.2017 and 07.12.2018 in accordance with law within a period of three months from the date of receipt of the certified copy of this order in his office.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 29.1.2019 JK Yadav