Petitioners sought writ directing release of compensation for land under National Highways Act. Court dismissed petition for lack of materials and availability of statutory appeal rights under Section 3G and 3H.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9 Case :- WRIT - C No. - 9775 of 2021 Petitioner :- Ramprakash And 4 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Ajay Kumar Dwivedi,Vinod Kumar Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
(Per: Hon'ble Jayant Banerji, J.)
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the State-respondents.
This petition has been filed with the following prayer:
"(a) Issue a writ, order or direction in the nature of mandamus directing the respondent authorities to release the compensation of petitioners forthwith in respect of required land bearing Gata No. 437 situated at Village- Mohammadpur, Muaja, Padam Tehsil- Shikohabad, District Firozabad."
The contention of the learned counsel for the petitioners is that the petitioners are the owners of bhumidhari land bearing Gata No. 437 situated at Village- Mohammadpur Mauja, TehsilShikohabad, District Firozabad. A notification was issued on 21.12.2017 for acquisition of land of villagers and the plot of the land of the petitioners find place in the declaration made under Section 3D of the National Highways Act, 1956. It is stated that the compensation is not being paid to the petitioners.
No award of the Competent Authority has been enclosed with the writ petition. Despite repeated query being made to the learned counsel for the petitioners to place the award, learned counsel only referred to joint share holding certification issued by the Tehsildar concerned.
For want of cogent material, this petition under Article 226 of the Constitution of India cannot be entertained. Even otherwise, in case the petitioners are aggrieved by the award, efficacious and alternative remedies are available under the provisions of Section 3G and 3H of the Act of 1956.
We, therefore, decline to interfere in the matter and this petition is, accordingly, dismissed.
Order Date :- 19.3.2021 A. V. Singh
(Jayant Banerji, J.) (Sanjay Yadav, J.)
2 issues framed by the court
Whether the High Court can issue a writ directing release of land acquisition compensation without an award of compensation.
Whether efficacious alternative remedies under Section 3G and 3H of the National Highways Act are available to the petitioners.
3 provisions across 2 enactments
Ramprakash And 4 Others
Union Of India And 3 Others
Jayant Banerji
Sanjay Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
