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Judgment
11 paragraphs · 358 wordsGautam Kumar Choudhary, J
Heard, learned counsel for the parties.
The instant Writ Petition has been filed for issuance of direction upon the respondent authorities to pay full compensation to the legal heirs of the deceased- Late Kedhan Ram including the petitioners as the land of the deceased is situated at Village- Parsawan, Khata No.40, Survey Plot No.17 was acquired for widening of National Highway No.75.
It is claimed that petitioners and his family were in peaceful possession of the land in question and without following the procedure prescribed by law, part of compensation has illegally been transferred to Respondent No.7.
After acquisition of the said land, compensation of Rs.16,65,582/-was awarded in the name of deceased- Kedhan Ram and equal amount was awarded in favour of Respondent No.7 [Renu Devi] who happens to be the married daughter of deceased- Kedhan Ram.
The petitioners are the son and widow of deceased- Kedhan Ram and the instant Writ Petition has been filed against the Award of compensation made in favour of Respondent No.7.
It is submitted by learned counsel for the petitioners that the representation dated 04.07.2023 was filed by Late Kedhan Ram against the Award of compensation made in favour of Respondent No.7 under Section 3H(4) of the National Highways Act, 1956. The said representation has not been disposed of, till date.
Having heard submissions advanced on behalf of the petitioners and on perusal of the materials on record, it is apparent that the petitioners have alternative remedy before the authority. After death of Kedhan Ram, petitioner No.2 also filed representation dated 19.01.2024 (Annexure -9) before the Respondent No.3 which appears to be pending and has not been disposed of.
Accordingly, Respondent No.3 [National Highways Authority of India, through its Project Director, Palamau, PO+PS & District-Palamau] is directed to dispose of the representation submitted by petitioner no.2 within four weeks from the date /production of a copy of this order.
Writ Petition is disposed of. Pending I.A., if any, also stands disposed of.
Let a copy of this order be communicated to the Respondent Nos.3 and 4 for its compliance at once.