Shanti Devi Vs State of U.P. and 4 Others

Court No. - 37

Case :- WRIT - C No. - 41771 of 2019

Petitioner :- Shanti Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Shankar Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Abhinava Upadhya,J. Hon'ble Ravi Nath Tilhari,J.

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Heard learned counsel for the petitioner and Shri Neeraj Dubey, learned counsel for respondent no. 4.

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By means of this petition, the petitioner has submitted that House No. 424 area 0.093 hectares situated in Mauja Ganj Khawaja, Pargana Dhoos, Tehsil-Deen Dayal Upadhyay Nagar, District-Chandauli was acquired for the National Highway Authority of India and compensation has been awarded to the tune of Rs. 39,50,000/-.

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Learned counsel for the petitioner further submits that there is dispute with regard to apportionment of the award between the petitioner and respondent no. 5 for which the petitioner has moved an application before the respondent no. 3 which is still pending and petitioner has further prayed that till that application is decided no amount be paid to respondent no. 5.

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We so far as non payment of respondent no. 5 is concerned, if the dispute is with regard to apportionment of the award, the petitioner can move an application under the Section 3H(4) in The National Highways Act, 1956.

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In case, there is dispute with regard to apportionment of award the petitioner can approach the authority concerned according to the procedure as prescribed under Section 3H(4) in The National Highways Act, 1956 and refer the matter to the civil court of competent jurisdiction.

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With the aforesaid observation, the writ petition is disposed of.

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Order Date :- 3.1.2020 sweta

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(Ravi Nath Tilhari,J.) (Abhinava Upadhya,J.)

Shanti Devi v. State of U.P. and 4 Others

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