Hon'ble Jaspreet Singh,J.
Heard Shri Angad Kumar Vishwakarma, learned counsel for the petitioners, Ms. Samidha, learned counsel for the respondent No.2 and the learned standing counsel for the respondent No.3.
By this writ petition, the petitioners are praying for issuance of a writ of mandamus directing the respondents No.3 and 4 to resolve the dispute of entitlement and apportionment of compensation to be paid to the petitioners in lieu of acquisition of the land bearing Gata No.1257, situated in Village Baiti Kala, Pargana Chanda, Tehsil Lambhua, District Sultanpur.
It has been submitted by the learned counsel for the petitioners that for the purposes of widening of National Highway 56, an acquisition notification was issued under the National Highways Act, 1956 and consequently the area of 0.1274 of Gata No.1257 was acquired vide acquisition notification dated 22.10.2013. Out of total 18 tenure holders, the petitioners, Rs.3,45,345/- have been paid to each of the petitioners.
The grievance of the petitioners are that the respondents No.5 and 6, who are also co-tenure holders, but their land was never acquired, whereas the compensation amounting to Rs.12,33,386/- and Rs.5,72,644/- have been paid to them. The petitioners raised their objections to the competent authority and the learned competent authority considered the objections, but nothing has been decided in favour of the petitioners and, therefore, they have filed this writ petition.
On the other hand, Ms. Samidha, learned counsel for the respondent No.2 has submitted that the petitioners are raising a dispute in respect of the apportionment of the land and, therefore, as per sub-section (4) of Section 3(h) of the National Highways Act, 1956, they have to raise their dispute before the Principal Civil Court of original jurisdiction.
Considering the aforesaid, we are not inclined to entertain this writ petition. However, liberty is granted to the petitioners to raise their dispute in terms of sub-section (4) of Section 3(h) of the National Highways Act, 1956.
With the aforesaid liberty, the writ petition is disposed of.
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[Jaspreet Singh, J.] [Pankaj Kumar Jaiswal, J.] Order Date :- 28.8.2019 Rakesh/-