SREEJA Vs. UNION OF INDIA

JUDGEMENT

(1.) 0.5348 Ares of land comprised in Sy.No.165/1 and 0.0003 Ares in Sy.No.165/8 of Chelembra Village were acquired by the Government for widening of National Highway 17 (new NH 66) as per notification No.SO.3746(E) dtd. 30/7/2018 issued under Sec. 3-D of the National Highways Act, 1956 ('the Act' for short). 0.0224 Ares of land comprised in Sy.No.165/1 was also acquired for the same purpose as per notification No.SO.1648/(E) dtd. 23/4/2019. The competent authority, the 2nd respondent, passed Ext.P3 award on 2/9/2021. The amount of compensation quantified as per Ext.P3 is kept in the account of the competent authority holding that the same will be distributed to the person entitled after verifying the claims of the interested persons and in terms of the directions of the Munsiff's Court, Tirur. The petitioner claims that the acquired properties belong to herself and other members in her family. Stating that the competent authority did not disburse the compensation despite producing necessary records of her title, the petitioner filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus directing respondents 1 to 3 to disburse the share of compensation entitled by the petitioner.

(2.) The Writ Petition was admitted to file on 9/2/2022. The learned Deputy Solicitor General of India, the learned Government Pleader and the learned Standing Counsel for the National Highway Authority of India took notice for respondents 1 to 3 respectively. Notice was directed to be served on respondents 4 to 6.

(3.) Additional 7th respondent was impleaded. Respondent Nos.4 and 5 and additional 7th respondent entered appearance through their learned counsel.