DHARAM PAL Vs. MOHAN LAL

JUDGEMENT

(1.) Aggrieved against order dtd. 16/2/2019, Annexure P-1, passed by the Land Acquisition Officer (SLAU) NHAI, Headquarter at Bilaspur, H.P., the petitioner has filed the instant petition and has prayed for setting aside and quashing of the impugned order.

(2.) Petitioner made an application under Sec. 3 H (4)of the National Highway Act, 1956 to the Land Acquisition Officer with a prayer to refer the matter to Principal Civil Court for decision. The Land Acquisition Officer vide impugned order rejected the prayer by entering into the merits of the claim of the petitioner.

(3.) The impugned order cannot be sustained as the Land Acquisition Officer by exercising jurisdiction under Sec. 3H(4) of the National Highway Act, 1956 has no power to adjudicate upon the merits of the claim and he is obligated to refer the matter to the Principal Civil Court, which as per the provision of the Act has the jurisdiction to adjudicate upon all issues involved or raised in the matter by the either side.