Research › Search › Judgment

Madhya Pradesh High Court · body

2014 DIGILAW 983 (MP)

Archana Nagriya v. Bharat Sarkar

2014-08-08

ALOK VERMA, RAJENDRA MENON

body2014
JUDGMENT 1.Calling in question tenability of an order passed by the Land Acquisition Officer exercising jurisdiction under the National Highways Act, 1956, this writ petition has been filed. 2. It is the case of the petitioner that even though, the petitioner had made a claim for awarding of compensation, no compensation has been awarded and the objections and quantification of the claim as requested for by the petitioner is totally ignored and nothing has been done. 3. Shri Mohan Sausarkar, learned counsel appearing for the respondents on advance notice points out that against the award and the action taken in not granting any compensation to the petitioner, the petitioner has a remedy of filing a dispute before the Arbitrator namely, Commissioner of the Division under Section 3(g)(v) of the National Highways Act, 1956 and, therefore, this petition is unsustainable. 4. In view of the above, we find much force in the objection raised by learned counsel for the National Highway Authorities Shri Mohan Sausarkar. 5. Even if, the Land Acquisition Officer has not awarded any compensation and has ignored to consider the claim of the petitioner based on the ground raised before him, the Arbitrator is well within his power to consider and decide the objections and if found feasible, pass an award granting compensation to the petitioner. 6. That being so, as the said remedy of taking the claim before the Arbitrator is available to the petitioner under Section 3(g)(v) of the National Highways Act, 1956, we do not deem it appropriate to go into the matter on merit at this stage in these proceedings under Article 226 of the Constitution and instead grant liberty to the petitioner to approach to the Arbitrator and the Arbitrator is directed to take note of the grievance of the petitioner and decide the same within a reasonable time. 7. A certified copy of the order passed by the Land Acquisition Officer be returned back to learned counsel for the petitioner on his filing a photocopy of the same. With the aforesaid observations, this petition stands disposed of.