Allahabad High Court
Ramji Vishvakarma vs N.H.A.I. Raebareli Thru. Its ... on 9 June, 2021
Bench: Ramesh Sinha, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 10
Case :- LAND ACQUISITION No. - 11644 of 2021
Petitioner :- Ramji Vishvakarma
Respondent :- N.H.A.I. Raebareli Thru. Its Project Director & Ors.
Counsel for Petitioner :- Ajay Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J.
Hon'ble Jaspreet Singh,J.
The Court has convened through Video Conferencing.
Heard Shri Ajay Kumar Pandey, learned counsel for the petitioner and Shri H.P. Srivastava, learned Additional Chief Standing Counsel for the State/respondents no.2 and 3.
Grievance of the petitioner is that certain portion of house of the petitioner has been acquired under the National Highways, Act 1956 for widening of the National Highway 330-A from Ayodhya to Jagdishpur. However, the amount determined to be paid as compensation is very meagre and accordingly the respondents may be directed to enhance the said amount.
Learned Counsel for the petitioner has submitted that the issue involved in the instant writ petition has already been adjudicated and decided by a Co-ordinate Bench of this Court vide judgment and order dated 26.03.2021 passed in Land Acquisition No. 8936 of 2021 : Jai Bahadur Mishra Vs. Union of India and others, wherein the Co-ordinate Bench of this Court, while appreciating the submission of the learned counsel for the National Highway Authority that the District Magistrate has been appointed as arbitrator to consider the application which may be filed under Section 3(G)(5) of the said Act and also considering the fact that National Highways Act, 1956 provides a complete mechanism not only for determination of amount payable as compensation but also for its enhancement and further Section 3(G)(5) of the said Act provides that if the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, on an application by the party concerned, be determined by the arbitrator to be appointed by the Central Government, disposed of the writ petition with liberty to the writ petitioner to approach the District Magistrate by way of moving an application under Section 3(G) (5) of National Highways Act, 1956. It was also provided that in case any such application is moved by the petitioner, the District Magistrate shall consider and decide the same on merits in accordance with law, as expeditiously as possible, within a period of six months from the date of any such application is made. Therefore, his submission is that interest of justice would be suffice, if the benefit of the aforesaid judgment and order dated 26.03.2021 is extended to the instant writ petitioner.
Learned Additional Chief Standing Counsel has no objection if the benefit of the aforesaid judgment and order dated 26.03.2021 be granted to the writ petitioner.
Considering the peculiar facts and circumstances of the case, without entering into the merits of the case, we dispose of the writ petition with liberty to the petitioner to approach the District Magistrate by way of moving an application under Section 5(G) (5) of National Highways Act, 1956.
In case any such application is moved by the petitioner, the District Magistrate shall consider and decide the same on merits in accordance with law, as expeditiously as possible, within a period of six months from the date of any such application is made.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 9.6.2021
Rakesh/-
