Suraj Pandit v. The District Land Acquisition Officer cum Competent Authority, Saran at
Case at a glance
Outcome
Disposed of
writ application is disposed of
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 99. With the aforesaid observations and directions, this writ application is disposed of. shashank/- U (Prabhat Kumar Singh, J)
Judgment
====================================================== Appearance : For the Petitioner For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr. Ajay Kr Singh No.1, Advocate Mr. Sajid Salim Khan, SC-25 : : 3 08-02-2024
Heard learned counsels for the parties.
This writ application has been filed for the following reliefs:-
(I) For issuance of an appropriate writ in the nature of writ mandamus directing and commanding the respondents to pay compensation of total land acquired by the respondents as such the respondent has acquired total 0.168 Hectare land of Mauja Bishunpura, Thana No. 314, Anchal Saran Sadar, District-Saran, whereas only 0.017 Hectare and 0.013 Hectare compensation has been paid and rest about 0.138 Hectare land which is about one Katha 11 Dhur land's compensation has not been paid to the petitioner. (II) For issuance of an appropriate writ/writs, order/orders or direction/directions as Your Lordships may deem fit and proper.
Learned counsel for the State raises preliminary objection to the effect that an alternative remedy is available to Patna High Court CWJC No.14453 of 2023(3) dt.08-02-2024 the petitioner by way of filing appropriate application under Section 3G(5) of The National Highways Act, 1956, which reads as:
If the amount determined by the competent authority under sub-section (1) or subsection (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
Learned counsel for the petitioner does not dispute the above proposition.
In the above view of the matter, this Court is not inclined to interfere in the matter in its extra-ordinary writ jurisdiction.
Petitioner shall be at liberty to seek remedy before the appropriate forum as may be available to him in accordance with law.
If such an application is moved by the petitioner before the competent authority within a period of six weeks from today, the same shall be entertained and the order shall be passed expeditiously, in accordance with law, after hearing the parties, preferably within a period of one year from the date of filing of the application.
It goes without saying that if any question of Patna High Court CWJC No.14453 of 2023(3) dt.08-02-2024 limitation arises before the competent authority, the same shall be considered, taking into consideration the fact that the petitioner was pursuing the issue before this Court under Article 226 of the Constitution of India.
Operative part
With the aforesaid observations and directions, this writ application is disposed of. shashank/- U (Prabhat Kumar Singh, J)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: writ application is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.