Petitioner sought compensation for land acquisition under National Highway Act, 1956. Court noted matter pending with authority and disposed without substantive interference.
Writ petition disposed of on the observation that the compensation matter was pending before the respondent authority.
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Court No. - 32
Case :- WRIT - C No. - 23672 of 2018
Petitioner :- Smt. Parwati Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sadhu Sharan Counsel for Respondent :- C.S.C., Devendra Kumar
Hon'ble Shashi Kant Gupta,J. Hon'ble Rajiv Gupta,J.
This writ petition has been filed interalia for the following reliefs:-
(i) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to pay the compensation of constructed house according to valuation of the said house under Section 3(G) of the National Highway Act, 1956.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to decide the representation dated 23.04.2018 of the petitioner pending before the respondent no. 3 within stipulated period.
Heard learned counsel for the parties and perused the record.
The matter is already pending before the respondent authority for payment of compensation under the National Highway Act, 1956.
It is always open for the petitioner to take appropriate proceedings in accordance with law if and when the compensation is determined by the respondent authority. However, it is expected that the respondent no. 3 would take into consideration the objection in accordance with law, if any, filed by the petitioner.
With the aforesaid observation, this writ petition stands disposed of.
Order Date :- 18.7.2018 Arun
1 issue framed by the court
Whether the court should issue a writ mandamus commanding the respondent to pay compensation and decide pending representation under the National Highway Act, 1956.
1 provisions across 1 enactments
Smt. Parwati Devi
State Of U.P.
Shashi Kant Gupta
Rajiv Gupta
As recorded by the court registry
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