Court No. - 38
Case :- WRIT - C No. - 20096 of 2018 Petitioner :- Saurabh Sharma And 2 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Santosh Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard Sri Santosh Kumar Jaiswal, learned counsel for the petitioners and learned Standing Counsel for the State authorities.
By means of this writ petition petitioners have come to this Court challenging the order dated 10.01.2018 passed by Prescribed Authority with regard to payment of compensation in the proceedings initiated under Section 3-H(1) of National Highway Act, 1956.
The Prescribed Authority has held that with regard to payment of compensation for Arazi No.1253, 1254 and 1255, dispute is pending in the shape of Suit No.105 of 2008 before Sub-divisional Magistrate. So far as Arazi no.1252 is concerned, there is no dispute that compensation has already been allowed to be paid to the concerned tenure holders according to their share.
With regard to Arazi nos.1253, 1254 and 1255, the petitioners submit that dispute is only to the one-third share of the private respondent and there is dispute with record to 2/3rd title of the petitioners.
Since the suit under Section 229-B of U.P. Tenancy Act is already pending in which right of the parties will be determined, the order passed by Prescribed Authority is just and proper. The appropriate remedy available to the petitioners is to get the aforesaid suit expedited for which the petitioners may move an appropriate application before the Court concerned.
With the aforesaid direction, the writ petition is
disposed of.
Order Date :- 27.7.2018 KA
(Shashi Kant,J.) (Abhinava Upadhya,J.)