Court No. - 34
Case :- WRIT - C No. - 39170 of 2019 Petitioner :- Khalil Khan And Another Respondent :- Union Of India And 04 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sanjay Kumar Mishra, learned counsel for petitioner, Ms. Anita Srivastava, Advocate, appearing for respondent no.1, learned Chief Standing for respondent-2 & 3 and Sri Neeraj Dube, learned counsel appearing for respondents-4 and 5.
2. This writ petition has been filed seeking a writ in the nature of mandamus directing respondents to pay compensation to petitioners in pursuance of order dated 06.01.2018 passed by Arbitrator/District Magistrate, Bulandshahr, under Section 3G(5) of National Highways Act, 1956 (hereinafter referred to as Act, 1956). He further prayed that respondents may be directed to decide representation of petitioners.
3. It is contended that an award under Section 3G(5) of Act, 1956 in respect of land in question has already been made but payment of compensation has not been made to petitioners.
4. Under Section 3H(4) of Act, 1956, it is statutory obligation upon competent authority to make payment of compensation to the person concerned, whose land has been acquired under Section 3A of Act, 1956 and compensation has already been determined under Section 3G of Act, 1956.
5. When questioned, learned Standing Counsel appearing for State-respondents stated that an award has already been made by competent authority, hence compensation shall be paid expeditiously.
6. That be so, we dispose of this writ petition without expressing any opinion on merits of the case, directing respondent/competent authority to ensure payment of awarded amount of compensation to the person concerned, expeditiously and in any case, within a period of two months from the date a certified copy of this order is produced before him, unless there is any otherwise hurdle in law and in such a case a written and reasoned order shall be communicated to the person concerned.
7. Disposed of.
Order Date :- 29.11.2019 Prajapati