BINDADIN Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Heard Sri Abhinav Singh, learned counsel for the petitioners, Sri Pradeep Raje, learned Standing Counsel for the respondent nos. 2 and 3, Ms. Samidha, learned counsel for the respondent no. 1 and Sri Somesh Tripathi, learned counsel for the respondent nos. 4 to 17 on C.M.A. No. 99768 of 2019, an application for substituting the name of applicants in place of petitioner no. 1 Binadadin, who died on 05.08.2019 as well as on the question of admission.

(2.) On due consideration of the contents mentioned in the affidavit filed in support of application for substitution, application is allowed accordingly. Let necessary incorporation be carried out in the array of parties during the course of the day.

(3.) By this writ petition the petitioners are praying for quashment of the order dated 05.06.2018 passed by the respondent no. 2 i.e. Competent Authority/Special Land Acquisition Officer, Raibareli whereby the respondent no. 2 instead of referring the dispute of apportionment of compensation between the petitioners and respondent nos. 4 to 17 to the principal Civil Court of Original Jurisdiction under Section 3-H (4) of the National Highway Act, 1956, decided the dispute itself and directed to pay the compensation, accordingly.