Hon'ble Ravi Nath Tilhari,J.
Heard learned counsel for the petitioners and Sri Mahendra Kumar Mishra, learned counsel for the State as also Sri Sarvesh Kumar Dubey, Advocate for the National Highway Authority of India.
In response to our earlier order Sri Mahendra Kumar Mishra, learned Standing Counsel has informed the court that land forming part of Gata No. 2921 situated at Village Bakkas, Pargana and Tehsil Mohanlalganj, District Lucknow, has been acquired for two different purposes, one is for construction of N.H.56 and the other is for construction of Outer Ring Road at Lucknow. As regards the acquisition of land for N.H.56 is concerned, notification was issued under section 3A of the National Highways Act 1956 (hereinafter referred as 'Act 1956') on 22.3.2012, whereas the notification under section 3D of the Act 1956 was issued on 7.3.2013. The award in respect thereof was passed on 6.6.2016. Possession of the said land was taken on 14.2.20217. Subsequently when it was found that there are several owners of several parts of the said Gata, then on 25.9.2017 the A.D.M. (Land Acquisition)/competent authority under the Act 1956 referred the matter to the District Judge, Lucknow under section 3H(4) of the Act 1956. This reference specifically contains the name of the petitioner no. 1 Smt. Usha W/o Sripal and petitioner no. 2 Smt. Ramawati W/o Gaya Prasad, apart from the other owners of other parts of the land bearing Gata No. 2921.
As regards acquisition of parts of the said land bearing Gata No. 2921 for construction of Outer Ring Road the notification was issued under section 3A of the Act 1956 on 14.6.2017. Notification under section 3D of the Act 1956 was issued on 12.12.20217. Award was pronounced on 5.5.2018, which was modified on 24.10.2018. On 14.12.2018 possession was taken and on 20.6.2019 for the same reasons as mentioned earlier as there were several owners claiming rights over parts of Gata No. 2921, therefore, the matter was referred to the District Judge, Lucknow by the A.D.M. (Land Acquisition)/competent authority under the Act 1956 vide order dated 20.6.2019. The reference order specifically contains the name of the petitioner no. 1 Smt. Usha W/o Sripal and petitioner no. 2 Smt. Ramawati W/o Gaya Prasad.
In view of the aforesaid submissions, we do not deem it fit to proceed with the matter any further, as the remedy for the petitioners lies before the District Judge, Lucknow, where the reference made by the A.D.M. (Land Acquisition)/competent authority under the Act 1956 is said to be pending.
Copy of the reference orders dated 25.9.2017 and 20.6.2019 have been provided by Sri Mishra, Standing Counsel to Sri Ajay Kumar Singh, learned counsel for the petitioners, who may provide the same to his clients, so that they may pursue the matter before the District Judge, Lucknow.
The documents provided by Sri Mishra including the aforesaid reference orders alongwith instructions are kept on records of this writ petition.
The writ petition is disposed off accordingly.
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(Ravi Nath Tilhari, J.) (Rajan Roy, J.) Order Date :- 26.8.2021 A.Nigam