SEWA RAM Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2018-1-361
HIGH COURT OF ALLAHABAD
Decided on January 11,2018

SEWA RAM Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

- (1.) The issue in the present petition is whether the petitioner is entitled to receive the compensation for the land that has been acquired under the provisions of the National Highways Act, 1956 (hereinafter referred to as the Act ) or the private respondent nos. 3 and 4 are entitled to receive the compensation. In this regard though the amount was initially paid to the petitioner but on a representation filed by respondent nos. 3 and 4, an order has been issued for recovery of the amount to which the petitioner was not entitled to receive.
(2.) This is a dispute, which in our opinion, can be resolved by the Competent Authority under sub-section (3) of Section 3-H of the Act in the first instance.
(3.) The petition is, accordingly, disposed of with a direction that in the event the petitioner files a representation before the Competent Authority within two weeks, the Competent Authority shall take a decision, expeditiously and preferably within a period of two months thereafter after providing opportunity of hearing to the parties concerned.;


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