AI Structured Summary
Not yet generated for this judgment
Judgment
Manoj Kumar Tiwari, J
Petitioners had earlier filed Writ Petition (M/S) No. 2243 of 2020, which was decided on 02.12.2020. Operative portion of the said judgment is reproduced below:-
"Mr. Naresh Pant, learned counsel appearing for the NHAI, however, submits that Competent Authority Land Acquisition has ample powers to determine compensation even for the land for which no notification under Section 3A of National Highways Act, 1956 was issued. He, therefore, submits that petitioners have a remedy by moving appropriate application, seeking compensation under the Act, before the Competent Authority Land Acquisition.
In view of the submission made by learned counsel for the NHAI, the writ petition is disposed of with liberty to the petitioner to approach Competent Authority Land Acquisition by moving appropriate application. If such application is made within two weeks from today, the same shall be heard and decided, in accordance with law, expeditiously."
It is the contention of the learned counsel for the petitioners that, pursuant to the aforesaid order, they approached the Competent Authority, Land Acquisition, by making an application, however, their application has been rejected by the Competent Authority, Land Acquisition vide order date 20.09.2021 only on the ground that the application made by the petitioners was undated and unsigned. Feeling aggrieved by the order passed by the Competent Authority, Land Acquisition dated 20.09.2021, petitioners have approached this Court.
Petitioners are claiming compensation for the additional land of theirs, over which road has been constructed and, according to them, proceedings for acquisition of such land were not initiated under National Highways Act, 1956, although, this fact is disputed by the learned counsel for the respondent. However, rejection of their claim only on the ground that the application made by them was undated and unsigned, would result in mis-carriage of justice, therefore, in the interest of justice, the writ petition is allowed. The impugned order dated 20.09.2021 is quashed.
Petitioners shall be at liberty to file joint application, in which all of them will put their signatures and will also mention the date and get it verified as per the provisions of Code of Civil Procedure, 1908. If such application is made within three weeks from today, the Competent Authority, Land Acquisition shall consider the same and take appropriate decision, in accordance with law, as early as possible.
Let a certified copy of this order be issued within 24 hours.