Renuka Pramanik & ORS. v. Union Of India & ORS.

March 30, 2022 ARDR (14) WPA 16274 of 2019 Smt. Renuka Pramanik & Ors.

Vs.

The Union of India & Ors.

Mr. Tanmoy Mukherjee, Mr. Raja Mantosh, Mr. Souvik Das, Mr. Rudranil Das, ...for the petitioners.

Mr. Dipankar Das, ...for the NHAI.

Mr. Rishav Kumar Thakur, ...for the UOI.

The petitioners are aggrieved by the quantum of compensation notified in lieu of acquisition of their land. The petitioners seek liberty to submit a representation before the concerned authority for enhancement of such compensation and also for demarcation under Section 3G(5) of the National Highways Act, 1956.

Learned counsel for the National Highways Authority of India also submits that such representation may be submitted before the District Magistrate, Purba Medinipur who is the competent authority to deal with such application.

Upon consideration of the submissions made on behalf of the parties, the writ petition is disposed of with liberty to the petitioners to file an application under Section 3G(5) of the National Highways Act, 1956 before the 3rd respondent within ten days from date. The 3rd respondent shall take necessary steps for consideration

and disposal of the said application within two months from the date of receipt thereof after granting reasonable opportunity of hearing to all the interested parties including the petitioners, in accordance with law. With such directions, WPA 16274 of 2019 is disposed of. There shall however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)