WP(C) No. 3238 of 2023 · High Court of Jammu & Kashmir and Ladakh
Case at a glance
- Bench
- RAHUL BHARTI
Provisions considered
Key paragraphs
- Para 0404. Accordingly, learned counsel for the petitioners is allowed to withdraw this petition and approach the Deputy Commissioner, Reasi as being the competent authority under section 3H of the National Highways Act, 1956 to seek reference of the dispute under section 3H of the said…
- Para 0606. The present writ petition is, accordingly, dismissed. (RAHUL BHARTI) JUDGE JAMMU 28.12.2023 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No
Judgment
Through: Mr. Ankur Sharma, Advocate. Vs Union of India Through Its Principal Secretary Road, Transport and Highways Department, Transport Bhawan, 1, Parliament Street New Delhi. The Collector, Land Acquisition District Reasi. Deputy Commissioner District Reasi. Tehsildar District Reasi. Karnail Singh; Age 56 years; S/o Hukam Singh; R/o Village Latori; Tehsil Katra, District Reasi. Joginder Singh; Age 49 years; S/o Late. Munshi Ram; R/o Village Latori; Tehsil Katra, District Reasi.
6. 2 WP(C) No. 3238/2023
9. Ranjeet Singh; Age 41 years; S/o Late. Munshi Ram; R/o Village Latori; Tehsil Katra, District Reasi. Shanti Devi; Aged 66 years’ W/o Late. Munshi Ram; R/o Village Latori; Tehsil Katra, District Reasi. Srishta Devi; Age 61 years; W/o Late Sh. Nek Ram; R/o Village Latori; Tehsil Katra, District Reasi.
10. Shamsher Singh, S/o Late Sh. Nek Ram; R/o Village Latori; Tehsil Katra, District Reasi.
11. Vijay Singh, S/o Late Sh. Nek Ram, R/o Village Latori; Tehsil Katra, District Reasi.
12. Raghubir Singh S/o Late Sh. Nek Ram, R/o Village Latori; Tehsil Katra, District Reasi.
13. Manju Devi, W/o Late Sh. Rattan Singh R/o Village Latori; Tehsil Katra, District Reasi.
14. Surinder Singh W/o Late Sh. Rattan Singh R/o Village Latori; Tehsil Katra, District Reasi. .…. Respondent(s) Through: Ms. Nazia Fazal, Assisting counsel vice Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (28.12.2023) 3 WP(C) No. 3238/2023
The petitioners are seeking to maintain this petition aggrieved of the fact that the Deputy Commissioner, Reasi its Order no. DC/Rsi/ARA/23-24/27 dated
20.05.2023 has rejected the application filed by the petitioners for release of compensation as being devoid of merits.
The purported claim of the petitioners for the entitlement to receive compensation is relatable to the acquisition of the land bearing khasra nos. 525 & 526 in village Latori district Reasi acquired for the alignment of the Expressway.
The acquisition in this case has taken place under the National Highways Act, 1956. Section 3H of the National Highways Act, 1956 provides for a dispute referable to the principal civil court of original jurisdiction in the district in which the land is situated and that reference takes place at the instance of the aggrieved persons approaching the competent authority that being the Deputy Commissioner concerned.
Accordingly, learned counsel for the petitioners is allowed to withdraw this petition and approach the Deputy Commissioner, Reasi as being the competent authority under section 3H of the National Highways Act, 1956 to seek reference of the dispute under section 3H of the said Act. 4 WP(C) No. 3238/2023
It is made clear that any time spent in pursuing the litigation before this Court in the first round which resulted in the issuance of direction in WP(C) no. 1486 of 2022 shall not come in the way of any limitation setup against the petitioners for seeking the reference of the matter.
The present writ petition is, accordingly, dismissed. (RAHUL BHARTI) JUDGE JAMMU 28.12.2023 Bunty Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No
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.