ORDER : I.A. No.2762 of 2018:- 1. This writ petition has been filed under the heading for Admission but learned counsel for the petitioners has prayed to pass an appropriate order in an interlocutory application being I.A. No.2762 of 2018, therefore, learned counsel for the parties have been given an opportunity to press that interlocutory application and accordingly they have been heard by this Court. 2. Learned counsel for the petitioners has submitted that the present interlocutory application has been filed inter alia for the following reliefs:- “In para-1 after para-(E), the following paras be added and numbered as (EE) and (EEE) :- (EE) For an appropriate writ/order/direction commanding upon the respondents to pay of compensation of Rs.3,14,08,257.60 for 3.72 acres and Rs.844,308.22 for 0.10 acres aggregating to a total compensation of Rs.3,22,52,565.80 in respect of 3.82 acres of land belonging to the petitioners which has been acquired by the NHAI as already determined by the respondent NHAI with interest at such rate and for such period as may be deemed fit and proper by this Hon'ble Court in the facts and circumstances of the instant case in favour of the trust i.e., Gibraltar Maintenance Trust (GMT), which was created by the Will dated 24.11.1946 of Late Justice S C Mallik (which was probated by the Hon'ble Calcutta High court on 19.9.1963) whose trustees are the petitioner nos.1 to 4 above named; (EEE) For a further writ/order direction commanding upon respondent NHAI to demarcate the exact alignment of the proposed road to be constructed within the petitioners' compound covering an area of 3.82 acres of land belonging to the petitioners in plot nos.9 and 6 and to provide a drawing (mentioning north and mentioning the scales) showing such demarcation so as to enable the petitioners to construct initially a fencing with barbed wires and eventually a wall on both sides of the road for protecting the petitioners land on both sides of the road as such fencing would also be necessary to ensure that all activities of the contractor of the respondent NHAI relating to construction of the road is confined to the area within the fencing and they cannot cause any further damage to the land, trees and rocks outside such fencing;” 3. It is the submission of the learned counsel for the petitioners that the land originally was recorded in the name of Mr. It is the submission of the learned counsel for the petitioners that the land originally was recorded in the name of Mr. Justice S.C. Mallik (now dead) and in pursuance to the acquisition proceeding initiated under the provision of National Highway Authority Act, the land has been acquired for the purpose of construction of NH-33 in the district of Hazaribagh to connect Hazaribagh to Barahi. 4. After following the due procedure, the land has been acquired and has also been earmarked by the authorities of the National Highway and now the work is in progress but the land adjacent to the acquired land since is open, therefore, there is public encroachment and as such the petitioners may be allowed to construct boundary wall to protect the aforesaid land from the public encroachment and to that effect an appropriate direction has been sought for. 5. Further prayer has been made for a direction to be issued upon the competent authority of the State for making payment of amount of compensation which has not yet been paid in favour of the petitioners. 6. Learned counsel appearing for the respondents i.e., both State as well as NHAI, have fairly submitted that the aforesaid prayer may be allowed by allowing the interlocutory application. 7. This Court after considering the aforesaid submissions and with the consent of the respondents and looking to the prayer made in the interlocutory application which has got nexus with the original relief sought for in the writ petition deem it fit and proper to allow the interlocutory application in order to avoid multiplicity of proceeding and therefore, the prayer made in the interlocutory application is allowed, in consequence thereof, prayer made therein is to be treated as part of the writ petition. W.P.(C) No.1780 of 2017:- 8. It has been submitted on behalf of the petitioners that they may be allowed to construct boundary wall over the land which is adjacent to the acquired land in order to protect the property from the public encroachment. 9. This Court after hearing the learned counsel for the petitioners has passed an order on 26th April, 2019 directing the Project Director PIO, Hazaribagh, NHAI to be personally present to assist the Court, in pursuance to the aforesaid order, Mr. Purna Chandra Kahili, at present working as Project Director PIO, Hazaribagh, NHAI is present and in his presence Ms. 9. This Court after hearing the learned counsel for the petitioners has passed an order on 26th April, 2019 directing the Project Director PIO, Hazaribagh, NHAI to be personally present to assist the Court, in pursuance to the aforesaid order, Mr. Purna Chandra Kahili, at present working as Project Director PIO, Hazaribagh, NHAI is present and in his presence Ms. Sweety Topno, learned counsel appearing for the NHAI has submitted that there is no difficulty on the part of the NHAI if the petitioners would make construction of boundary wall over the land after the area which has been earmarked by the NHAI. 10. In view of such submission and taking into consideration the fact that the petitioners want to construct boundary wall on their own cost upon the area which is adjacent to the acquired land, therefore, no prejudiced would be caused either to the State Government or the NHAI if appropriate direction would be passed by allowing the petitioners to construct boundary wall over the land which is adjacent to the acquired land, therefore, petitioners are allowed to construct the boundary wall over the land which is under the exclusive ownership after the acquisition without making any interference with the land acquired by the NHAI for the purpose of construction of NH-33. 11. He further submits that the construction of entire left out area of road shall be completed by the end of September 2019 and as such there will be no inconvenience to the people in general. 12. This Court in order to avoid any litigation, directs the Project Director, NHAI who is personally present in the Court to depute a competent officer to look after the work so that there may not be any encroachment over the acquired land for the purpose of construction of the road. 13. It is made clear that the petitioners will construct the aforesaid boundary wall on their own cost. 14. So far as the second prayer which pertains to the direction upon the respondent State to disburse the amount of compensation, it has been submitted by learned State counsel that the State is not having any difficulty in disbursing the amount of compensation but a genuine difficulty is there in disbursing the amount in favour of the petitioners since in the records of rights, name of Mr. Justice S.C. Mallik is referred. 15. Justice S.C. Mallik is referred. 15. Learned counsel for the petitioners has submitted that the property in question has been looked after by the petitioners who happens to be the daughters of late Mr. Justice S.C. Mallik who in course of his lifetime has executed a “Will” in favour of a Trust i.e., Gibraltar Maintenance Trust (GMT) which has been probated by the competent court in favour of the said Trust and as such appropriate direction may be passed upon the State authority to disburse the aforesaid amount in favour of the Trust. 16. This submission of the learned counsel for the petitioners has seriously been disputed by the learned counsel for the State on the ground that the claim since pertains in the nature of money claim and since the name of late Mr. Justice S.C. Mallik found mentioned in the records of rights, as such, the competent authority needs to take decision in this regard. 17. This Court after appreciating the argument advanced on behalf of the parties and looking to the factual aspect is of the view that it will not be proper for this Court to issue direction upon the State authority to disburse the amount in favour of the Gibraltar Maintenance Trust considering the objection raised by the learned State counsel, therefore, it would be just and proper to relegate the matter before the competent authority to take a decision in this regard. 18. In view thereof, the petitioners are at liberty to approach before the competent authority i.e., The District Land Acquisition Officer-cum-Competent Authority, Hazaribagh, the respondent No.3 along with the relevant documents in support of their claim within a period of two weeks from the date of receipt of copy of the order. 19. The concerned authority shall take decision in accordance with law within a period of six weeks from the date of receipt of representation. 20. In view thereof, the writ petition stands disposed of. 21. It is made clear that this Court has not entered into the merit of the claim of the petitioners and the authority is to take its own decision without being prejudiced by any of the observation made hereinabove. 22. Personal appearance of Mr. Purna Chandra Kahili, at present working as Project Director PIO, Hazaribagh, NHAI is dispensed with. 23. 21. It is made clear that this Court has not entered into the merit of the claim of the petitioners and the authority is to take its own decision without being prejudiced by any of the observation made hereinabove. 22. Personal appearance of Mr. Purna Chandra Kahili, at present working as Project Director PIO, Hazaribagh, NHAI is dispensed with. 23. In consequence thereof, Interlocutory applications being I.A. No.9227 of 2017 and 2762 of 2018 also stands disposed of.