Vishwas Rao & Ors vs Vasant Rao & Ors

Rohit Arya, J

I.A. No. 2965/2020, an application for temporary injunction is taken up for consideration.

Shri Jain, learned Sr. counsel appearing on behalf of appellant started arguments with the prayer that the National Highway Authority of India may be

retrained from disbursing the amount of compensation allegedly in respect of the suit land to respondents/defendants as an amount for compensation

after acquisition of suit land.

This Court on 14.10.2020 has passed the following order:

Having regard to the fact that under Section 3H sub-section (4) of the Act, the appellant has remedy of approaching the competent authority for

reference and also taking note of the fact that till now, no award has been placed on record, I am of the opinion that the prayer can be considered

after the complete material comes on record as also the instructions are received by respondents.

Till date, the order has not been complied with in the matter of placing on record, the alleged award; genesis of the instant application. In the instant

I.A., there is no disclosure about the date of award and also relevant facts in the matter of :

(i) description/details of land,

(ii) quantification of amount of compensation and

(iii) disbursement of amount.

Resultantly, application is found to have not given rise to cause of action, prima facie for seeking the relief thereunder, except oral assertions without

factual foundation.

Shri Sethi, learned counsel for the respondents, amongst other contentions, submits that the suit land in dispute between the parties in this appeal is

different from that of the land covered under the award. This can be easily inferred from the averments made in the plaint and also the judgment of

the trial Court.

This Court is constrained to observe that even such submission of learned Sr. counsel is without factual foundation, for want of availability of award.

Therefore, this contention in absence of award on record cannot be acceded to.

Incidentally, the trial Court record is not annexed today with the record of the present appeal.

Under such circumstances, hearing of the application cannot be completed as well as the objection of availability of alternative remedy to make

reference u/S 3H of the National Highway Authority Act.

It is now expedient to order both the parties to place on record, the award to countenance the contentions advanced by both the parties.

Registry is also directed to place on record of the trial Court alongwith the present record to address the contentions advanced by both the counsels.

List the case for further orders on 08.12.2020.