Court No. - 4
Case :- WRIT - C No. - 24573 of 2019 Petitioner :- Maya Devi And Another Respondent :- Union Of India And 15 Others Counsel for Petitioner :- Tanisha Jahangir Monir Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard Ms. Tanisha Jahangir Monir, learned counsel appearing on behalf of the petitioners, Sri R.K. Jaiswal for respondent no. 1, Sri Neeraj Dubey for respondent no. 2 and respondent no. 3 is represented by learned standing counsel for the State.
Notice need not be issued to the respondent nos. 4 to 8 in view of the order which we propose to pass.
The only grievance of the petitioners appears to be that although they have filed an application under Section 3H(3) of the National Highways Act, 1956 (hereinafter referred to as the "Act") before the respondent no. 3, Special Land Acquisition Officer, District Gorakhpur on 7.9.2015 (Annexure-11 to the writ petition) but despite lapse of more than four years, the same has not been decided by the respondent no. 3 till date.
It is contended by the learned counsel for the petitioners that a direction be issued to the respondent no. 3 to decide the application filed by the petitioners before him within a specified period.
Learned counsel appearing on behalf of the respondents have no objection to the aforesaid prayer made by the learned counsel for the petitioners.
In view of the above, without expressing any opinion on the merits of the case, we dispose of this writ petition with liberty to the petitioners to file a fresh comprehensive application under Section 3H(3) of the Act before the respondent no. 3, Special Land Acquisition Officer, District Gorakhpur within a period of two weeks from today along with certified copy of this order and in case any such application is filed by the petitioners before the respondent no. 3 within the time indicated hereinabove, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a period of three months from the date of filing of such application by the petitioners before him after affording opportunity of hearing to the respondent nos. 4 to 8.
Order Date :- 26.7.2019 SA