Smt Raj Kumari v. Union of India and 3 Others

Court No. - 21 Case :- WRIT - C No. - 41320 of 2023 Petitioner :- Smt Raj Kumari Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Vijay Prakash Chaturvedi,Sanjai Kumar Pandey Counsel for Respondent :- A.S.G.I.,C.S.C. Hon'ble Manoj Kumar Gupta,Acting Chief Justice Hon'ble Donadi Ramesh,J.

¶1Heard Sri Vijay Prakash Chaturvedi, learned counsel for the petitioner, Sri Gautam Kumar Upadhyaya, learned counsel for the respondents and Sri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents.

¶2The instant petition has been filed praying for a direction to respondent no. 3 to decide the objection of the petitioner dated 11.10.2023 in respect of the compensation amount payable to her in lieu of acquisition of her land.

¶3Indisputably, an award has been made by the Competent Authority on

31.01.2023 which covers the land of the petitioner as well.

¶4In our considered opinion, in case the petitioner has any grievance in respect of the amount determined under the award, the remedy is to seek reference under Section 3G(5) of the National Highways Act, 1956. The prayer for direction to the Competent Authority to decide the objection after award has already been made is wholly misconceived and against the scheme of the Act.

¶5Accordingly, we dispose of the instant petition with liberty reserved in favour of the petitioner to avail statutory remedy, if so advised. (Donadi Ramesh, J.) (Manoj Kumar Gupta, A.C.J.) Order Date :- 1.12.2023 Ruhi H. High Court of Judicature at Allahabad