Petitioners challenged acquisition share determination, citing remedy under National Highways Act, 1956. Court accepted counsel's undertaking to file application for reference within two weeks and disposed of the petition without further order.
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Chief Justice's Court Serial No. 345
**HIGH COURT OF JUDICATURE AT ALLAHABAD *****
WRIT - C No. - 32563 of 2019
Pramod Kumar Dubey and another
.....Petitioners
Through :- Mr. Manu Khare, Advocate
v/s
National Highway Authority of India and others .....Respondents.
Through :- Mr. Neeraj Dube, Advocate for respondent No. 1, Mr. A.P. Paul, State Law Officer for respondent No. 2
CORAM : HON'BLE RAJESH BINDAL, CHIEF JUSTICE HON'BLE PIYUSH AGRAWAL, JUDGE
ORDER
The issue sought to be raised in the present writ petition is that vide order dated September 19, 2009, respondent no. 2-the competent authority/Additional District Magistrate (Land Acquisition), Kanpur Nagar has wrongly determined the share of the petitioners in the acquired land.
It is not in dispute that in such a situation, the remedy is under Section 3H(4) of the National Highways Act, 1956 (for short 'the Act') but immediately after passing of the order by respondent no. 2, the petitioners have filed the present writ petition.
Learned counsel for the petitioners submitted that they will file appropriate application before the competent authority for referring the dispute to the Court of competent jurisdiction in terms of Section 3H (4) of the Act within two weeks.
Learned counsel for the respondent no. 2 submitted that within two months from the date of receipt of the application, the matter shall be referred to the Court of competent authority for determination of the
2 WRIC No. 32563 of 2019
claim of the parties in terms of Section 3H (4) of the Act.
In view of the aforesaid stand taken by learned counsel for the respondent no. 2, the writ petition is disposed of.
(Piyush Agrawal, J.) (Rajesh Bindal, C.J.)
Allahabad 02.03.2022 Shiraz/Tarik
Whether the order is speaking : Yes/No Whether the order is reportable : Yes/No
Pramod Kumar Dubey
National Highway Authority of India
Rajesh Bindal
Piyush Agrawal
As recorded by the court registry
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