AI Structured Summary
Not yet generated for this judgment
Judgment
Arindam Lodh, J
Heard Mr. Soumendu Roy, learned counsel appearing for the petitioners. Also heard Mr. Prabir Saha, learned counsel appearing for the State-respondents and Mr. Ratan Datta, learned counsel appearing for the respondent-National Highways.
The fact of the instant case is that the land of the petitioner was acquired by National Highways authority. Award has been made considering the classfication of land as “Nal”(paddy land). Later on, it was found that the land was classified as “Balurchar”(sand bed). In view of this, the award passed by the National Highways authority considering its classification as “Nal” land had been cancelled and the award thereon was modified by impugned order dated 23.03.2021 whereby the award has been reduced substantially.
In the aforesaid background, Mr. Roy, learned counsel for the petitioner has approached this court under Article 226 of Constitution of India to exercise its extraordinary and discretionary jurisdiction and to pass necessary order.
Both Mr. Saha and Mr. Datta, learned counsel on behalf of the respondents have raised a preliminary objection as regards the maintainability of the instant writ petition since disputed questions of facts are involved.
Mr. Datta, learned counsel for the respondent-National Highway has further submitted that there is provision for appeal under the National Highways Act. The petitioner has to exhaust the statutory prescriptions as envisaged in the Act itself.
I am also in agreement with the submission of learned counsel for the respondents. The petitioner is directed to approach the competent authority to get the relief sought for in terms of the statutory prescriptions as envisaged in the Act itself.
In view of above, the instant petition stands dismissed at motion stage itself.