PANKAJ PARMESHWAR GAIKWAD Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The above Writ Petition is filed challenging the order dated 28 th April, 2023 passed by Respondent No. 1/Competent Authority in Case No. BhuSamp/16/Taradgaon-950/SR-30.

(2.) The learned advocate appearing on behalf of the Petitioner has taken exception to this order on the ground that despite there being a serious dispute on the question as to who would be entitled to the compensation, the Competent Authority, instead of referring the said dispute to a Civil Court under Sec. 3 H (4) of the National Highways Act, 1956, has himself adjudicated the said dispute and ordered that the money ought to be paid to the Respondent Nos. 2 to 6. He submitted that earlier, in relation to the very same Gut Number, namely Gut No. 1 (part), for another area admeasuring 449 Sq.Mtrs, when the exact same dispute was raised by the Petitioner, it was referred to the Civil Court by the Competent Authority vide its order dated 11 th May, 2021. However, instead of following the same course of action, in the present case [for an area of 310 Sq.Mtrs of Gut No. 1 (part)], the Competent Authority has passed the impugned Order and awarded the compensation to Respondent Nos. 2 to 6.

(3.) When we asked the learned AGP as to why the Competent Authority has taken two divergent views in relation to the acquisition of the very same Gut Number (but in relation to 2 different areas thereof), the learned AGP sought a week's time to take instructions and file an Affidavit-in-reply, if any, to the above Writ Petition.