KANHAI LAL GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is under Art. 226 of the Constitution of India whereby and whereunder a direction has been sought for upon the respondents to make payment of compensation to the petitioners relating to acquisition of lands measuring 0.04 acres out of plot No.430 and 0.33 acres out of plot No.433 under Khata No.177 situated at village Kerukocha, P.S. Shyamsundarpur, Anchal Chakuliya, District East Singhbhum.

(2.) It is the case of the petitioners that the lands have been acquired under the provision of National Highway Act, 1956 and in pursuance to the notice issued by the competent authority, they have approached by producing relevant documents but no decision has been taken and in the meanwhile, construction made over the land in question has been demolished and as such, it is a fit case where the High Court under Art. 226 of the Constitution of India may interfere by directing the authority to compensate the petitioners in lieu of the lands acquired.

(3.) Ms. Sweety Topno, learned counsel appearing for the National Highway Authority of India has submitted that this writ petition is not maintainable at the first instance in the provision of alternative remedy available under Sec. 3-G(5) of the National Highway Act, 1956 since the claim of the petitioners are to be determined by the Arbitrator/competent authority and instead of approaching before the Arbitrator/competent authority, they have moved before the District Land Acquisition Officer and as such it is not available with the petitioners to take the plea that any delay has been caused rather the said plea would be available to the petitioners if the petitioners would have approached before the competent authority as per the provision made under Sec. 3-G(5) i.e., the Arbitrator.