Fresh List Serial No. 47
Chief Justice's Court
Case :- WRIT - C No. - 23728 of 2021 Petitioner :- Lal Bahadur Singh and others Respondent :- State of U P through its Collector/District Magistrate and others Counsel for Petitioner :- Mr. Dinesh Kumar Pandey, Advocate Counsel for Respondent :- Mr. Sudhanshu Srivastava, Advocate
Hon'ble Rajesh Bindal,Chief Justice Hon'ble Dinesh Pathak,J.
The grievance sought to be raised by the petitioners in the present writ petition is that on the acquired land, house and fruit bearing trees were also standing thereon. No compensation has been paid for the super structure and the fruit bearing trees existing thereon. The petitioners had even filed an application for the purpose before the competent authority.
Learned counsel appearing for the respondent nos. 1 and 2 submitted that the compensation for the super structure on the acquired land was assessed and the same is lying deposited with the respondent no. 2, which the petitioner may withdraw. As far as compensation claimed for fruit bearing trees on the acquired land is concerned, he submitted that the matter may be referred to Arbitrator under Section 3G (5) of The National Highways Act, 1956.
After hearing learned counsel for the parties, the present writ petition is disposed of giving liberty to the petitioners to withdraw the compensation lying deposited with the competent authority on account of acquisition of land and super structure existing thereon in accordance with law. As far as compensation for fruit bearing trees is concerned, the claim made by the petitioners may be referred to the Arbitrator within a period of one month from the date of receipt of a copy of this order.
Date :- 25.10.2021 Shiraz/Manish Himwan (Dinesh Pathak, J.) (Rajesh Bindal, C.J.) `