HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 38592 of 2015 Petitioner :- Sri Krishna Respondent :- Union Of India Thru' Secy. & 4 Others Counsel for Petitioner :- Vinod Sinha,Mahesh Sharma Counsel for Respondent :- C.S.C.,A.S.G.I./2015/1371,U. Mehrotra Hon'ble Arun Tandon,J.
Hon'ble Ashwani Kumar Mishra,J.
Notice on behalf of respondent no. 1 has been accepted by Sri Dev Gupta, Advocate. Respondent no. 2 is represented by Sri U. Mehrotra, Advocate. Respondent no. 3 is represented by the learned Standing Counsel.
Issue notice to respondents no. 4 and 5 by speed post within seven days fixing 10th August, 2015 as the date.
All the respondents may file counter affidavit by the next date fixed.
List on the date fixed.
It is contended on behalf of the petitioner that in view of Section 3H(4) of National Highway Act, 1956, if any dispute arises with regard to apportionment of the amount or any part of compensation payable, then the competent authority is bound to refer such dispute to the Principal Civil Court.
Therefore, the Additional District Magistrate had no jurisdiction to issue the impugned order for payment of compensation in favour of respondent nos. 4 and 5. Matter does require consideration by this court.
Till the next date of listing no payment in terms of order passed shall be made in favour of respondents no. 4 and 5. The money may be invested in a fixed deposit receipt bearing the highest rate of interest.
However, this order shall not in any way effect the construction of the National Highway.
Order Date :- 15.7.2015 Kirti