Petitioners aggrieved by apportionment of compensation share in land acquisition claimed larger share based on partition under National Highway Act provisions.
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Court No. - 37
Case :- WRIT - C No. - 42306 of 2019
Petitioner :- Mangla Prasad Mishra @ Mangru And Another Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vijay Kumar Pandey Counsel for Respondent :- A.S.G.I.,Ashok Kumar Pandey,C.S.C.,Rajesh Kumar Jaiswal,Sudhanshu Srivastava
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard Sri Vijay Kumar Pandey, learned counsel for the petitioners, Sri Rajesh Kumar Jaiswal, learned counsel for the respondent no. 1, Sri Sudhanshu Srivastava, learned counsel for the respondent no. 2 and the learned Standing Counsel for the State respondents.
The petitioners are aggrieved by apportionment of share of compensation on acquisition of land of Araji No. 154 area .328 hectare.
The petitioners claim that they have larger share in the land in question, whereas the compensation determined is much less than the share of the petitioners. The petitioners, therefore, raising question of partition of their share in the land in dispute, which can be done under Section 3H(4) of the National Highway Act by the competent authority, which shall refer the matter to the Civil Court.
Under the facts and circumstances of the case, it is provided that in case the petitioners move an application in this regard along with certified copy of this order before the competent authority, the same shall be considered and appropriate order be passed by the authority concerned in accordance with law.
With the aforesaid observation, the writ petition is finally disposed of.
Order Date :- 19.12.2019 Pkb/
(Ravi Nath Tilhari, J.) (Abhinava Upadhya, J.)
Mangla Prasad Mishra @ Mangru And Another
Union Of India And 3 Others
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
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