Court No. - 29
Case :- WRIT - C No. - 6290 of 2021 Petitioner :- Laxmi Narain Gupta Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- C.S.C.,Raghav Dwivedi
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Vivek Agarwal,J.
Writ petition has been filed to seek restraint order against the respondents for demolition of the house without paying compensation. Prayer has also been made for consideration of the representation made by the petitioner to provide remaining compensation with solatium in regard to the acquisition of land of Arazi No. 1471.
Learned counsel for the petitioner admits that the process for acquisition of land was initiated under the National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956') followed by an award. The petitioner being dissatisfied with the award, approached the Arbitrator under section 3g(5) of the Act of 1956. The present writ petition has yet been filed to seek compensation without showing the reasons as to why the claim was not raised before the Arbitrator.
If the petitioner was aggrieved by the computation of the compensation ignoring the structures and trees, it was within his right to claim it before the Arbitrator. Writ petition to claim compensation is not maintainable when effective remedy is provided under section 3g(5) of the Act of 1956 and otherwise the same was availed. The petitioner cannot take two remedies for one and the same cause. If the petitioner was not satisfied with determination of the compensation then to approach the Arbitrator and in doing so, nobody prevented him to make a claim towards the structures and trees if were existing and compensation for it was not determined. Writ petition under Article 226 of the Constitution of India would not be maintainable for it. It is more so when there is specific denial of existence of the structures and trees and thereby the issue becomes factual in nature. The question of facts cannot otherwise be determined by this Court while exercising extraordinary jurisdiction under Article 226 of the Constitution of India.
Writ petition is accordingly dismissed.
Order Date :- 24.9.2021 Madhurima (Vivek Agarwal, J.) (Munishwar Nath Bhandari, A.C.J.)