Court No. - 39
Case :- WRIT - C No. - 16988 of 2021 Petitioner :- Om Prakash Jain Respondent :- Union Of India Acting Through Morth Counsel for Petitioner :- Bidhan Chandra Rai Counsel for Respondent :- Pranjal Mehrotra
Hon'ble Manoj Kumar Gupta,J. Hon'ble Deepak Verma,J.
The instant petition has been filed praying for a mandamus commanding respondent No.2/competent authority under the National Highways Act, 1956 to determine the compensation payable to the petitioner keeping in mind the provisions of the Land Acquisition Act, 1894 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 by adding solatium and interest to the amount already determined.
According to the petitioner, his land was acquired under the provisions of the National Highways Act, 1956 (hereinafter referred to as 'the Act') for construction of National Highway.
A notification under Section 3-D in respect of petitioner's land was issued on 25.6.2010 followed by award dated 14.01.2013. Thereunder Rs.5500/- per sq. meter was awarded for non- agricultural land but on the said amount, solatium and interest was not awarded and hence the instant petition.
Learned counsel for NHAI submitted that in case the petitioner is not satisfied with the award he has efficacious remedy available under Section 3-G(5) of the Act. It provides for the matter being referred to Arbitrator in case the amount determined by the competent authority is not acceptable to either of the party. It is urged that in such circumstances, this Court may decline to entertain the writ petition. He further submitted that in relation to same acquisition certain other tenure holders approached this Court by way of Writ-C No.8769 of 2021 with similar grievance. A coordinate Bench of this Court by order dated 25.3.2021 relegated the claimants to the remedy provided under the Act.
Sri Vidhan Chand Rai, learned counsel for the petitioner is not in position to dispute that the petitioner has efficacious remedy of getting an Arbitrator appointed in terms of sub section (5) of Section 3-G of the Act. He also does not dispute that Writ-C No.8769 of 2021 decided by a coordinate Bench related to acquisition under the same scheme.
In such view of the matter, we also relegate the petitioner to the alternative remedy provided under the Act.
The petition stands disposed of accordingly.
(Deepak Verma, J.) (Manoj Kumar Gupta, J.) Order Date :- 24.9.2021 skv Digitally signed by Manoj Kumar Gupta Date: 2021.09.24 14:58:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Deepak Verma Date: 2021.09.24 15:07:04 IST Reason: Document Owner Location: High Court of Judicature at Allahabad