Court No. - 4
Case :- WRIT - C No. - 26221 of 2019 Petitioner :- Mohd. Suhail And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Mazhar Abbas Zaidi,Sunil Kumar Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.,Pranjal Mehrotra,Rajesh Kumar Jaiswal
Hon'ble Bala Krishna Narayana,J. Hon'ble Prakash Padia,J.
Heard learned counsel for the parties.
Upon the perusal of the averments made in the writ petition and the documents appended thereto, it transpires that the petitioners had purchased some area of plot no.548, 551 and 549, total area 0.086 hectares from one Alka Jain by sale deed dated 23.2.2012 which was subsequently acquired by the respondents for the purpose of road widening and although respondent no.2 has already made an award dated 16.5.2019, copy whereof has been filed as Annexure-VI to the writ petition, granting compensation at the rate of Rs.17,500/- per square meter to the petitioners in respect of plot no.549, but the petitioners have not been paid a single penny as compensation.
It has been contended by learned counsel for the petitioners that a direction be issued to respondent no.4 to make payment of the compensation to the petitioner awarded to him vide order dated 16.5.2019.
Per contra, Sri Pawan Kumar Mishra, holding brief of Sri Pranjal Mehrotra, learned counsel for respondent no.2 has submitted that the compensation awarded to the petitioners shall be paid to them as per the provisions of Section 3H(1), (2), (3) and (4) of the National Highways Act, 1956 (hereinafter referred to as "the Act"), after the amount determined u/s 3G of the Act is deposited with the competent authority, as per the prescribed Rules, before taking possession of the land and as soon as the amount is deposited under sub-section (1) of the Act, the competent authority shall on behalf of Central Government, make payment of compensation to the persons found entitled.
After having heard learned counsel for the parties and perused the material on record, we do not find any averment to the writ petition that the amount of compensation determined u/s 3G of the Act, has been deposited by the Central Government with respondent no.4. Moreover, the record further shows that the award was made on 16.5.2019 and the petitioners without waiting for a reasonable period, have approached this Court with undue haste.
We have no reason to doubt why the respondent no.4 shall not pay the awarded compensation to the petitioners, once the amount of compensation is deposited by the Central Government with him.
Subject to aforesaid observation, the petition stands disposed of.
Order Date :- 22.8.2019 Shalini