Nilakantha Barika v. NHAI
Case brief
What is this about?
Petitioner sought direct compensation release for land acquisition. Court directed petitioner to file a claim application before the designated officer within two weeks; authority must decide within three months.
What did the court decide?
A direction that the petitioner file a claim application within two weeks and the authority decide it within three months.
What the court decided
W.P.(C) NO.11110 OF 2018
- 20.11.2018
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-2.
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-2 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.
Issues for consideration
1 issue framed by the court
Whether a direction to release compensation is necessary when a claim application procedure under National Highway Act remains pending.
Parties & counsel
- petitioner
Petitioner
- respondent
National Highway Authority of India
Coram
S.Panda
Case details
As recorded by the court registry
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