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2019 DIGILAW 1637 (JHR)

Md. Liyakat Ali v. State Of Jharkhand

2019-09-16

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad J. - The petitioner being aggrieved with the quantum of the amount of compensation is before this Court by invoking the jurisdiction of this Court conferred under Article 226 of the Constitution of India. 2. It has been submitted by Ms. Puja Kumari, AC to Sr. SC-III that the amount of compensation has been paid in favour of the petitioners as would be evident from paragraph-5 to the counter affidavit but the petitioners although have accepted the same but it seems that they are not satisfied with the quantum, as such, for enhancement the provision has been provided under Section 18 of the Land Acquisition Act,1894, as such, the petitioners are required to make an application before the competent authority for reference of the same before the Principal Judge having its jurisdiction for adjudication of the amount of compensation. 3. On this, Mr. Sristidhar Mahato, learned counsel for the petitioners has submitted that he may be allowed to make appropriate application before the competent court raising the dispute. 4. This Court, after having heard the learned counsel for the parties and considering the submission made on behalf of the learned counsel for the petitioner is of the view that since the petitioners are questioning the quantum of amount of compensation and since the forum is available for such relief, therefore, is of the view that it will not be proper for this Court to adjudicate the issue under Article 226 of the Constitution of India since the learned counsel for the petitioners has submitted that he may be allowed to approach before the competent authority. 5. This Court, deem it fit and proper to dispose of the writ petition according liberty to the petitioners to approach before the competent authority by making an application under the appropriate provision for its adjudication in accordance with law. (A)If such application would be made, the competent authority will decide it in accordance with law within a period of eight weeks from the date of receipt of copy of the order. (B)In view thereof, the writ petition is disposed of.