Court No. - 39
Case :- WRIT - C No. - 11293 of 2018 Petitioner :- Rajendra Singh Respondent :- National Highways Authority Of India And 4 Others Counsel for Petitioner :- Ram Kishore Pandey,Sandeep Kumar Tiwari Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
The grievance of the petitioner is that even though only 0.2378 hectares of land situated in plot no.1937 was acquired by the National Highways Authority of India by issuance of a notification under Section 3-A of the National Highways Act, 1956 (hereinafter referred to as the 'Act') and Section 3-D of the Act, the National Highways Authority of India has taken possession of 0.0742 hectares of additional land.
If that be so, it is for the petitioner to move an application before the District Magistrate, Azamgarh.
In case such an application is filed, the District Magistrate, Azamgarh will hold an enquiry and after hearing the parties concerned including the officers of the National Highways Authority of India pass an order. If it is found that the possession of the excess land has been taken, the District Magistrate, Azamgarh will also pass an appropriate order for payment of compensation.
The petition is, accordingly, disposed of with the aforesaid observation.
Order Date :- 28.3.2018 MAA/-
(Dilip Gupta,J.) (Jayant Banerji,J.)