Petitioners challenged low compensation under Order 138 NI Act. Court held remedy for enhancement lies in civil court and dismissed writ petition granting liberty to file civil suit.
Liberty to approach civil court to enhance compensation. Writ petition dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 7732/2021
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Siyaram Sharma For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
06/08/2021
Learned counsel for the petitioners submits that the compensation awarded to them is of much lower side.
In the opinion of this Court, the remedy lies before the civil court for enhancement of compensation and for protection of rights.
(2 of 2)
[CW-7732/2021]
Granting liberty aforesaid to the petitioners to approach the civil court, the writ petition is dismissed.
It is observed that if the petition is filed before the civil court, the same shall be decided expeditiously.
(SANJEEV PRAKASH SHARMA),J
SAURABH YADAV /670/3
1 issue framed by the court
Whether the High Court can enhance award of land acquisition compensation in a writ petition instead of directing relief before the civil court.
Sitaram S/o Hari Sahay and Others
State Of Rajasthan and Others
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
