KUNJLAL MISTRY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition is under Article 226 of the Constitution of India, whereby following prayers have been made:

(2.) Learned counsel for the petitioner at the outset has submitted that since the dispute pertains to apportionment of the amount of compensation and to that effect an application has been made as under Annexure-4 which in view of the provision of Section 3(h) 4 the National Highways Act, 1956 is required to be referred before the competent court of civil jurisdiction for adjudication of the dispute but as yet no decision has been taken by the authority concerned. He is now confining his prayer for issuance of direction to that effect.

(3.) Ms. Sweety Topno, learned counsel for the respondent-NHAI and Mr. Atanu Banerjee, learned Sr. S.C-III have jointly submitted that since petitioner has already made an application before the Deputy Commissioner, Giridih, as such appropriate direction may be passed to take decision in view of the conferment of power under Section 3(h) 4 the National Highways Act, 1956 .