Sukhvir vs State Of U P And 4 Others
2018 Latest Caselaw 1954 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 27100 of 2018
 

 
Petitioner :- Sukhvir
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Shristi Gupta,Vikas Upadhyay
 
Counsel for Respondent :- C.S.C.,Kartikeya Saran
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the petitioner.

The petitioner has come up in this petition against the award dated 8.5.2018 filed as Annexure-9 to the writ petition, passed by the Additional District Magistrate (Land Acquisition) Irrigation, Ghaziabad under the Provisions of the Right to Fair Compensation and Transparancy in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In Challenging the aforesaid award the submission of learned counsel for the petitioner is that the said award is contrary to the provisions of the Act specially the Section 28 inasmuch as the award has not been made on the fair market value of the land. Be as it may be if the petitioner is aggrieved by the rate of compensation awarded or the award itself the remedy of the petitioner is by way of reference under section 64 of the Act.

The petitioner has not exhausted the remedy available to him to challenge the award/rate of compensation. Accordingly, we do not deem it fit to exercise our jurisdiction in the matter.

The writ petition is dismissed on the ground of alternative remedy.

Order Date :- 13.8.2018

Masarrat