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Judgment
Heard on the question of admission.
This petition has been filed by the petitioner being aggrieved by an observation made by the competent authority while passing an award on 30.6.2016
under the provisions of the National Highways Act, to the effect that the compensation determined by the competent authority would be disbursed
subject to the decision in Civil Suit No.176-A/2007 pending before the 3rd Additional District Judge, Bhopal.
The learned counsel appearing for the petitioner submits that the petitioner is not aggrieved by the quantum of compensation. He is also not aggrieved
by the finding recorded by the competent authority to the effect that the showroom and the shed that were acquired for the purposes of widening of
the National Highway, were acquired from the petitioner for which separate compensation has been determined by the competent authority. He
submits that though the competent authority has rightly recorded a finding that the showroom and shed were acquired from the petitioner and has
determined the compensation in that regard, however, while passing the final order regarding compensation, it has observed that the payment of
compensation would be subject to the decision in Civil Suit No.176-A/2007.
The learned counsel for the petitioner further submits that the civil suit in question only relates to the land and is not related to the showroom and the
shed which have been acquired from the petitioner for the purposes of widening of the National Highway. It is submitted that the petitioner is not a
party to the civil suit but the competent authority has ignored this aspect and passed the order, hence this petition.
Having heard the learned counsel for the petitioner, it is observed that the present petition has been filed by the petitioner against the order of the
competent authority against which the petitioner has an alternative efficacious statutory remedy of taking proceedings before the arbitrator. It is also
observed that this petition has been filed by the petitioner without impleading the private respondents. In such circumstances, the factual issue and
dispute raised by the petitioner, on the basis of which observations have been made by the competent authority, cannot be gone into and decided by
this Court in proceedings under Article 226 of the Constitution of India.
In the circumstances, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the competent authority for mitigation of
his grievance in accordance with the provisions of the National Highways Act.
With the aforesaid observations/liberty, the petition filed by the petitioner stands disposed of.
Certified copy as per rules.