Chandram Rajguru vs National Highway Authority Of India And Ors

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of the present writ petition, petitioner has sought the following reliefs:

(i). issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to 3 to pay the compensation amount of Rs.15,10,086/- as determined by the respondent no.3 along with interest at the rate of 9% per annum from the date of taking possession of the land till the date of actual payment, for acquisition of the petitioner’s land bearing khasra number 331ka admeasuring 0.0920 hectares, khasra number 333Ga admeasuring 0.0500 hectares total admeasuring 0.1420 hectares of khata number 169 situated at MaujaSherpur, Tehsil Vikas Nagar, District Dehradun, for construction/widening of National Highway.

(ii). issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to consider and decide the application/representation of petitioner for payment of compensation in lieu of acquisition of petitioner’s land for construction/ widening of National Highway.

It is contended by the learned counsel for the petitioner that the petitioner’s bhumidari land was acquired by the respondent-NHAI for upgradation and widening of National Highway No.72 from Km.97 to Km.149.

It is the contention of the petitioner that the compensation was worked out for the said land in-question by the respondent-NHAI and the compensation of Rs.15,10,086/- along with interest accrued is deposited by the respondent-NHAI to the Competent Authority Land Acquisition (CALA).

It is contended by learned counsel for the petitioner that despite the deposit of compensation amount, the same is not being disbursed to the petitioner.

Learned State Counsel informed this Court that there is some inter se dispute between the petitioner and respondent No.5-Shri Gopal S/o Shri Ravi Dutt, R/o Shimla Bypass Road, Sherpur, Dehradun and due to that dispute, the compensation could not have been paid to the petitioner, as it is yet to be determined, who is entitled to get the compensation.

Respondent No.5-Gopal, who claims himself to be interested in the aforesaid land in-question, has moved an application before the respondent No.3-CALA, which is still pending.

Learned counsel for the petitioner submits that the petitioner has submitted his reply/ objection to the application moved by the respondent No.5 and the same is still pending for final disposal since 2022.

Learned counsel for the petitioner made an innocuous prayer that if a direction is issued to the respondent No.3-CALA to decide the dispute between the parties under Section 3(H)(3) of the National Highways Act 1956, the justice would be met.

This proposition, as offered by the learned counsel for the petitioner, is not opposed by the learned counsel for the respondents.

Accordingly, the present writ petition is disposed of, with a direction to respondent No.3-Competent Authority under Land Acquisition Act (CALA), to decide the application moved by the respondent No.5 within a period of 03 months from the date of production of certified copy of this order.