Petitioner challenged acquisition without objection call under National Highways Act. Court held alternative remedy via arbitration exists and dismissed petition. Avoided reasoning on section compliance.
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Court No. - 37
Case :- WRIT - C No. - 40935 of 2019
Petitioner :- Raj Kumar Respondent :- National Highways Authority Of India And 2 Others Counsel for Petitioner :- A.K. Maurya I Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey
Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.
Heard Sri K.M. Maurya-I, learned counsel for the petitioner, Devendra Kumar learned counsel for Respondent No.5 and learned Standing Counsel.
By means of this writ petition the petitioner has approached this Court raising his grievance that his Plot No. 78 area 0.1260 hect. situated in village Sunderpur, pargana-Haweli, tehsilChunar, district- Mirzapur has been acquired by the National Highway Authority of India, however, the said acquisition has been made without calling for objection under Section 3 (G) (5) of the National High Way Act, 1956.
Learned counsel appearing for National Highway aAuthority has pointed out from the award itself that an objection was filed by the petitioner and the objection was considered while passing the award, as has been mentioned in the award itself.
Learned counsel for the petitioner submits that the compensation arrived at by the competent authority is low and higher compensation is to be paid. For this purpose the petitioner has remedy for filing an application before the Arbitrator under Section 3(G) (5) of the said Act.
Since the petitioner is having an efficacious alternative remedy under section 3(G) (5) of the Act, we are not inclined to interfere in the writ jurisdiction.
The writ petition is dismissed on the ground alternative remedy.
Order Date :- 2.1.2020 Manish Tripathi
(Ravi Nath Tilhari,J.) (Abhinava Upadhya,J. )
2 issues framed by the court
Whether the writ court can entertain the petition when an efficacious alternative remedy under Section 3(G)(5) exists.
Whether the petitioner is entitled to higher compensation via the writ court or the arbitration process.
1 provisions across 1 enactments
Raj Kumar
National Highways Authority Of India
2 Others
Abhinava Upadhya
Ravi Nath Tilhari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
