Court No. - 4
Case :- WRIT - C No. - 31818 of 2019 Petitioner :- Jai Prakash Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kailash Pati Singh Yadav Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent nos. 1 to 3 and Sri Neeraj Dubey, learned counsel appearing for the respondent no. 4.
Notice need not be issued to the respondent no. 6 in view of the order which we propose to pass in this case today.
This writ petition has been filed by petitioner with following prayer :
I. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay the compensation to the petitioner of the house situated in plot no. 60, Village Nasiruddinpur, Tehsil Kasimabad, District Ghazipur.
II. Issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case.
III. Award the cost of the writ petition in favour of the petitioner.
It appears that plot no. 60 situate in Village Nasiruddinpur, Tehsil Kasimabad, District Ghazipur with a house existing thereon was acquired by the respondent no. 4 for the purpose of road widening. Thereafter the proceedings for grant of compensation under Section 3G(1) commenced and a dispute arose between the petitioner and the respondent no. 6 with regard to the payment of compensation pertaining to the house.
A preliminary objection has been raised by Sri Neeraj Dubey, learned counsel appearing for the respondent no. 4 regarding the maintainability of the writ petition on the ground that the petitioner has got an alternative remedy of moving an application under Section 3H(4) of the National Highways Act, 1956 (hereinafter referred to as the "Act") and hence this writ petition is liable to be dismissed on the ground of alternative remedy.
We have heard the learned counsel for the parties present and perused the material brought on record.
Section 3H(4) of the Act read as hereunder :
"If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated".
After having examined Section 3H(4) of the Act, we find that there is force in the submission made by Sri Neeraj Dubey, learned counsel appearing for the respondent no. 4.
In view of the above, we dispose of this writ petition with liberty to the petitioner to pursue the alternative remedy available to him under Section 3H(4) of the Act.
Order Date :- 27.9.2019 SA