Disposed

Rajesh Kumar S/O Puran Singh v. District Collector

Rajasthan HC8 Jan 2024CW/24631/2018

Case brief

AI extract

What is this about?

A landowner sought compensation-related relief via Article 226 without first applying to the statutory authority. The court, noting the available remedy under Section 3G(5) of the National Highways Act, disposed of the petition, relegating him to file that application with limitation relaxed.

What did the court decide?

Petitioner permitted to file Section 3G(5) application within one month, to be decided ignoring limitation; stay and pending applications dismissed.

Rajesh Kumar S/O Puran Singh Vs District Collector — Land Acquisition | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 24631/2018

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Rajesh Kumar S/o Puran Singh, Aged About 28 Years, B/c Jat, R/o Village Ghanoli, Tehsil Rupwas, District Bharatpur (Raj.).

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----Petitioner

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Versus

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District Collector, District Bharatpur (Raj.).

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The Sub Divisional Officer, Roopwas, District Bharatpur (Raj.).

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The Project Director, Indian National Highway Authority Project, 87, Ganga Vihar Colony, Dausa, District Dausa.

¶9

----Respondents

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For Petitioner(s)	: Mr.	Lakhan Singh Tomar
For Respondent(s)	: Mr.	Akshay Sharma, AGC
	Mr.	Dheeraj Palia with
	Mr.	Harish Chandra Sharma and
	Mr.	Ashish Vijay

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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08/01/2024

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At the outset, learned counsel for the respondents apprised this Court that the petitioner has alternative statutory remedy of filing application under Section 3G(5) of the National Highways Act, 1956 (for short ‘the Act of 1956’). Counsel submits that without availing the said statutory remedy, the petitioner has straightway approached this Court by way of filing this petition. Hence, this petition is not maintainable.

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It is settled proposition of law that whenever alternative efficacious statutory remedy is available to a person, he cannot be allowed to bypass the jurisdiction of the said authority.

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[CW-24631/2018]

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(2 of 2)

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Considering the arguments put forward by the learned counsel for the respondents and looking to the fact that the petitioner has alternative statutory remedy of filing an application under Section 3G(5) of the Act of 1956, but without availing the same, he has straightway approached this Court by way of filing instant petition under Article 226 of the Constitution of India, instant petition stands disposed of relegating the petitioner to avail the alternative remedy by way of filing application under Section 3G(5) before the statutory authority.

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In case, such application is submitted by the petitioner before the authority concerned within a period of one month from today, the authority concerned is expected to hear and decide the application strictly in accordance with law after affording opportunity of hearing to all respective parties, ignoring the period of the limitation.

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Stay application and all applications (pending, if any) also stand dismissed.

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(ANOOP KUMAR DHAND),J

¶21

KuD/131

Rajesh Kumar S/O Puran Singh v. District Collector

Case brief

What is this about?

What did the court decide?

Rajesh Kumar S/O Puran Singh v. District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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