Court No. - 34
Case :- WRIT - C No. - 38730 of 2019 Petitioner :- Smt. Meena Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Abhishek Rai Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.,Ramesh Rai
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Sri Abhishek Rai, learned counsel for petitioner, learned Standing Counsel for respondent-3, Sri Ramesh Rai, learned counsel for respondents 4 and 5 and Sri Pranjal Mehrotra, learned counsel for respondent-2.
2. Writ petition is thoroughly misconceived. The relief sought in the writ petition is to direct respondent 3 to decide petitioner's application/objection dated 16.09.2019, copy whereof has been filed as Annexure 4 to the writ petition, which is addressed to Special Land Acquisition Officer, Azamgarh requesting that he should not award compensation to certain private persons, who according to petitioner are not competent to claim compensation.
3. In our view, no such application under law is maintainable and if there is any dispute with regard to apportionment of compensation, remedy lies to petitioner under Section 3H(4) of National Highway Act, 1956 (hereinafter referred to as "Act, 1956"). The second relief prayed is to consider and decide petitioner's application under Section 340 Cr.P.C., which is thoroughly misconceived as no such application is contemplated under Section 340 Cr.P.C. The petitioner is at liberty to file application under Section 3H(4) of Act, 1956 before appropriate Forum.
4. With above observation, writ petition is dismissed.
Order Date :- 28.11.2019 KA