Writ application filed seeking mandamus for fresh calculation of land compensation for NHAI project. Petitioner absent; application dismissed as premature because the grievance is already pending before an arbitrator.
Dismissal of the writ application as the grievance regarding compensation is pending before an arbitrator.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6434 of 2017
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.... .... Petitioner/s Versus
.... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : None For the Respondent/s : Md. Khurshid Alam, AAG-12 Mr. Asif kalim, AC to AAG-12 For the NHAI : Mr. Anshay Bahadur Mathur, Advocate
=========================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date: 14-09-2018
No one appears on behalf of the petitioner.
Heard learned counsel for the respondents.
This writ application has been preferred for issuance of mandamus against the respondent authorities commanding them to make fresh calculation of the compensation amount of the land of the petitioner acquired for construction of National Highway-83.
In paragraph-13, the petitioner has stated that same
Patna High Court CWJC No.6434 of 2017 dt.14-09-2018
P2/
grievance of the petitioner is pending before the arbitrator, vide Arbitration Case No.202 of 2015.
Since the same prayer of the petitioner is pending before
the competent authority, this writ application is premature. Accordingly, it stands dismissed.
(Birendra Kumar, J)
Mkr./-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| UploadingDate | 18.08.218 |
| Transmission Date |
1 issue framed by the court
Whether a writ application for mandamus to recalculate land compensation is maintainable when the same grievance is pending before an arbitrator.
Gayetri Devi Wife of Ram Pravesh Prasad
Union of India
National Highway Authority of India
State of Bihar
District Collector
District Land Acquisition Officer
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
