The court observed that the petitioner's remedy lies in filing an objection under Section 3H(4) of the National Highways Act, 1956 regarding a compensation dispute. Consequently, the writ petition was disposed of without issuing notice to other respondents.
Notice need not be issued to respondent nos. 6 to 9; writ petition disposed of.
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Court No. - 4
Case :- WRIT - C No. - 5334 of 2020
Petitioner :- Sushil Agarwal Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Shashank Dwivedi Counsel for Respondent :- A.S.G.I.,C.S.C.,Neeraj Dube
Hon'ble Bala Krishna Narayana,J. Hon'ble Shamim Ahmed,J.
Heard learned counsel for the petitioner, Sri R.K. Jaiswal, learned counsel for the respondent no. 1, learned Standing Counsel for the respondents no. 2, 3 & 4 and Sri Neeraj Dube, learned counsel for respondent no. 5.
Notice need not be issued to respondent nos. 6 to 9 in view of the order which we propose to pass.
This petition has been filed with the following prayers :-
" a) Issue a writ, order or direction in the nature of certiorari quashing the notification dated 21.12.2018 to the extent of survey No. 759, area 5535 sq. mtr. meter situated at village Bagdaudhi Kachar, Pargana and TehsilKanpur Sadar, District Kanpur Nagar.
b) Issue a writ, order or direction in the nature of mandamus restraining the respondents from acquiring the land of the petitioners.
c) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to pass appropriate order on the objection of the application of the petitioners dated 20.8.2018 before proceeding to acquire the land of the petitioners.
d) To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
e) To award the cost of this petition in favour of the petitioners from the contesting respondents. "
Having gone through the averments made in the petition and the documents appended thereto, we find that there is a dispute between the respondents no. 6 to 9 with regard to entitlement of compensation awarded in respect of Gata No. 861 area 1053 sq.mtr. situate in village Bagdaudhi Kachar, Pargahi Kachar, Pargana and Tehsil- Sadar, District Kanpur Nagar.
In our opinion, the remedy, if any, available to the petitioner is to file an objection under Section 3H(4) of the National Highways Act, 1956.
Subject to the aforesaid observation, this writ petition stands disposed of.
Order Date :- 13.2.2020 Ishan
2 issues framed by the court
Whether the petitioner has any remedy available under Section 3H(4) of the National Highways Act, 1956 regarding the compensation dispute.
Whether the writ petition needs to be quashed or acquisition of land restrained under the writ.
1 provisions across 1 enactments
Sushil Agarwal
Union Of India
Bala Krishna Narayana
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
