Court No. - 39
Case :- WRIT - C No. - 6384 of 2018 Petitioner :- Ram Briksh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Janam Shahi Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
(Delivered by Hon'ble Jayant Banerji,J.) By means of this writ petition, the petitioners have challenged the order dated 23 December 2017 passed by the Competent Authority/Special Land Acquisition Officer, Azamgarh, whereby, he has directed compensation pertaining to the disputed house to be paid as per rules to the private respondents arrayed in the writ petition.
It is the contention of the learned counsel for the petitioners that the National Highways No.- 233 is being widened and the land of the petitioners bearing plot no. 625 situated at Village Bankat Jagdishpur, Pargana Kaudiya, Tehsil Bodhanpur, District Azamgarh has been acquired by the National Highways Authority of India and the compensation has also been paid to the petitioners. However, a house that was constructed by the petitioners was acquired by the Authority but no compensation was paid for the same. It is alleged that on the basis of illegal inspection report, the Competent Authority/Special Land Acquisition Officer has proceeded to direct payment of compensation for the same to the private respondents which is wholly illegal as the petitioners themselves are entitled to payment of the same.
It has been contented by Shri Pranjal Mehrotra, learned counsel appearing for the respondent- National Highways Authority of India that the impugned order dated 23 December 2017 is clearly a determination made by the Competent Authority under Section 3-H (3) of the National Highways Act, 1956 (hereinafter referred to as the 'Act'). It is his contention that since there is a dispute with regard to an apportionment of the amount, the petitioners may approach the Competent Authority for referring the dispute to the Civil Court under the provisions of Section 3-H(4) of the Act.
It appears from perusal of the record that the Competent Authority has, after considering all the material on record, directed payment of compensation to the private respondents and since this order has apparently been passed after due application of mind and after considering the evidence and after hearing the necessary parties, we deem it fit not to interfere in the matter.
It is, however, open for the petitioners to move an appropriate application before the Competent Authority under Section 3-H (4) of the Act. We have no reason to doubt that in case such an application is filed, the Competent Authority would consider and pass an appropriate order on the same in accordance with law.
This writ petition is, accordingly, dismissed.
Order Date :- 26.2.2018 A. V. Singh (Dilip Gupta,J.) (Jayant Banerji,J.)