Court No. - 33
Case :- WRIT - C No. - 38955 of 2018 Petitioner :- Suman Kushwaha Alias Suman Devi Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Prem Narain Singh,Ramesh Kumar Chaurasia Counsel for Respondent :- CSC
Hon'ble Manoj Misra,J.
Hon'ble Rohit Ranjan Agarwal,J.
The instant petition seeks quashing of the certificate by which the share of the petitioner has been determined by fourth respondent in respect of the compensation payable for the land acquired under the National Highways Act, 1956.
Section 3-H of the National Highways Act, 1956 provides forum to enable a person to raise a dispute as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable.
Sub Section (4) of Section 3-H provides that where such a dispute arises, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated.
In view of the above, the petitioner may make a representation before the competent authority under the said Act for making reference under Sub Section (4) of Section 3H of the National Highways Act, 1956. If any such application is made it is expected that the competent authority shall address the same in accordance with law after giving opportunity of hearing to all parties concerned.
With the aforesaid liberty this petition is disposed of.
Order Date :- 29.11.2018 AKJ