RAJENDRA PRASAD PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this writ petition and the relied claimed by the petitioner in the writ petition reads as under : -

(2.) Matter pertains to grant of compensation to the petitioner after the land has been acquired for the purpose of construction of a national highway under the National Highways Act, 1956. It is seen from the averments made by the petitioner in IA No.12305/2014 that during the pendency of the petition, an appeal of the petitioner before the Commissioner namely the appellate authority under Section 3G (5) of the National Highways Act, 1956 has been disposed of and the proceeding filed as is evident from the order filed as Annexure -P/12 to the IA. This order has been passed by the Commissioner and during the course of hearing of this petition today, Shri V.K. Shukla made an oral prayer for quashing this order of Commissioner mainly on the ground that the Commissioner has not appreciated the grounds raised in the appeal properly and he has also not taken note of the diversion of the land ordered by the competent authority including the Land Acquisition Officer vide Annexure -P/I -1 filed alongwith interlocutory application. Accordingly, Shri V.K. Shukla prays that now the matter be remanded back to the Commissioner for reconsideration as various important aspect of the matter have not been taken note of. It is also emphasized by him that if the order passed by the Commissioner is taken note of, it would be seen that it does not address various grounds raised in the appeal and is passed in a manner which does not show application of mind.

(3.) Shri Anubhav Jain points out that as the prayer made does not include a prayer for quashing the order of the appellate authority without amending the writ petition the prayer cannot be granted. That Apart, he emphasis that the Commissioner having decided the matter in accordance to the report submitted by the District Evaluation Committee, no further indulgence into the matter is called for.