Court No. - 39
Case :- WRIT - C No. - 7623 of 2018 Petitioner :- Smt. Prachi Gupta Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Anoop Trivedi Counsel for Respondent :- A.S.G.I.,Neeraj Dube
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
The petitioner is aggrieved by the notice dated 21 November 2017 that has been issued by the ADM/Competent Officer, Ghaziabad for recovery of certain amount of compensation which has wrongly been paid to the petitioner.
Learned counsel for the petitioner states that petitioner was not paid any extra compensation and that no opportunity was provided to the petitioner before issuing the notice.
Learned Standing Counsel appears for the state-respondents and Sri Neeraj Dube appears for the National Highways Authority of India.
A perusal of the notice dated 21 November 2017 does not indicate that any opportunity was provided to the petitioner. In such circumstances, the petitioner may file a reply to this notice treating it as a show cause notice.
Thus, if the petitioner files a reply within three weeks from today, the Authority shall take a decision within three weeks after hearing the parties concerned. For a period of two months or till the passing of the order, whichever is earlier, the respondents shall not adopt any coercive measures for recovery of the amount from the petitioner.
The petition is disposed of with aforesaid observation.
Order Date :- 26.2.2018 Akram (Dilip Gupta,J.) (Jayant Banerji,J. )