SASHI GUPTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) According to the petitioner, her land was acquired under the provisions of the National Highways Act, 1956 (from hereinafter referred to as the "Act") for the purposes of construction of the National Highway-125. On 5/4/2014, a notification was made under Sec. 3A of the Act and thereafter the land of the petitioner was acquired and the part of the compensation was given to the petitioner but the remaining amount has not been given. Hence a dispute has been raised by the petitioner regarding the remaining compensation by filing the present writ petition before this Court with the following prayers:-

(2.) Counter affidavit has been filed by respondent nos.3 and 4, in which it has been stated that the land for which the compensation is being sought by the petitioner was never acquired by the National Highways Authority of India.

(3.) Under Sec. 3J of the Act, the provisions of the Land Acquisition Act, 1894 are not applicable. Sec. 3J of the Act reads as under:-