Petitioner challenged a land acquisition award arguing entitlement to further amounts. The Court held that enhancement requires application under specific provisions, not a writ direction, and dismissed the petition as mis-conceived.
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Court No. - 38
Case :- WRIT - C No. - 3405 of 2019
Petitioner :- Harinath 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 Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the Staterespondents.
By means of this writ petition the petitioner claims that his land was acquired for the purposes of broadening of the road and an award has been made on 30.2.2016 under the National Highways Act.
Learned counsel for the petitioner submits that although the awarded amount has been paid to the petitioner but he is entitled to some further amount and, therefore, a direction be issued to the authorities to consider the claim of the petitioner.
It is to be noted that once the awarded amount has been paid to the petitioner and if he wants enhancement of the award, he has to apply under the relevant provisions. For the said purpose in the writ petition, no such direction can be given.
The writ petition is mis-conceived and it is, accordingly, dismissed.
Order Date :- 31.1.2019 SKM
(Dr. Y.K.Srivastava,J.) (Abhinava Upadhya,J.)
1 issue framed by the court
Whether a direction can be issued in a writ petition to consider a claim for enhancement of a land award after the awarded amount has already been paid.
Harinath
State Of U.P.
2 Others
Abhinava Upadhya
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
