Allahabad High Court
Manoj Kumar Ojha And 3 Others vs Union Of India And 4 Others on 27 January, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 2747 of 2020 Petitioner :- Manoj Kumar Ojha And 3 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Manish Pandey,Sri. Vivek Shandilya (Sr. Advt.) Counsel for Respondent :- A.S.G.I.,C.S.C.,Rohit Srivastava Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
Heard Sri Vivek Shandilya, Senior Advocate, assisted by Sri Manish Pandey, learned counsel for the petitioners.
Learned Additional Solicitor General of India has accepted notice on behalf of respondent no.1, while respondent no.2 is represented by Sri Rohit Srivastava and respondent nos.3, 4 and 5 are represented by learned Standing Counsel.
This writ petition has been filed by the petitioner with the following prayers :-
"i) to issue a writ, order or direction in the nature of mandamus directing the respondents no.1 to 3 to pay the compensation of land, houses and shops of petitioners at the market rate alongwith interest upto the year 2019 and to pay damages u/s 3G(7)(b) and (c) as well as the reasonable expenses u/s 3G(7)(d) of the Act, 1956.
ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
iii) Award cost of the petition to the petitioner."
It appears that the petitioners are not satisfied with the compensation awarded under Section 3G(1) of the National Highways Act (hereinafter referred to as "the Act"). In that case, the petitioners have got an alternative remedy available to them by filing an application under Section 3G(5) of the Act for determination of the compensation.
The writ petition is disposed of with liberty to the petitioners to avail the alternative remedy.
Order Date :- 27.1.2020 mt (Justice Ravi Nath Tilhari, J.) (Justice Bala Krishna Narayana)