Writ petition seeking direction for release of compensation for land acquisition. Court observed petitioner must file claim application before specified authority.
Petitioner directed to file a claim application before the Tahasildar-cum-Land Acquisition Officer, NH-6, Telkoi within two weeks for consideration of compensation.
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W.P.(C) NO.10400 OF 2018
Learned counsel for the petitioner submits that defect as pointed out by S.R. has already removed.
Heard learned counsel for the petitioner and Mr.Amitav Das, learned counsel appearing for opposite party-National Highway Authority of India.
Petitioner in this writ petition seeks for a direction to opposite parties to release compensation in favour of the petitioner in lieu of acquisition of land pursuant to Policy Circular dated 10.4.2017 issued by National Highway Authority of India vide Annexure-3.
Mr.Das, learned counsel appearing for National Highway Authority of India submits that with reference to the Policy Circular No. 7.1.51 dated 10.4.2017 vide Annexure-3 the petitioner is required to submit a claim application before the competent authority for payment of compensation.
Considering the above submission, we dispose of the writ petition with an observation that in case the petitioner files an claim application before the opposite party No.2-Tahasildar-cum-Land Acquisition Officer, NH-6, Telkoi in the district of Kenonjhar within a period of two weeks from today in such event his application shall be considered by the authority as per the statutory provision of National Highway Act. The above exercise shall be completed within a period of three months from the date of filing of such claim application along with a certified copy of this order.
S.Panda, J.
ks
2
3 issues framed by the court
Whether to direct the petitioner to submit a compensation claim application under the National Highway Act Policy Circular.
Whether the claim application should be considered by the Tahasildar-cum-Land Acquisition Officer within the stipulated period.
How the statutory provision of the National Highway Act applies to the release of compensation in lieu of land acquisition.
2 provisions across 2 enactments
Petitioner
National Highway Authority of India
Tahasildar-cum-Land Acquisition Officer, NH-6, Telkoi
S. Panda
As recorded by the court registry
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