Jayant Banerji, J. - (1.) This writ petition has been filed with the following prayers: "(i) issue a writ order or direction in the nature of certiorari quashing the order dated 27.1.2018 passed by Additional District Magistrate (Land Acquisition) Gautambudh Nagar. (ii) issue a writ order or direction in the nature of mandamus commanding authority not to disburse the compensation to the respondent no.9 of plot no.852 and 862 situated in Village Fatehpur Atta Pargana Dankaur, District Gautambudh Nagar acquired in pursuance to the notification dated 12.3.2007 u/s 3(A) of the National Highways Act, 1956 and pay the same to the petitioner forthwith. (iii) issue a writ order or direction in the nature of mandamus commanding the respondent no.3 to refer the matter to Principal Civil Court of Original Jurisdiction of Gautambudh Nagar u/s 3-H(4) of the National Highways Act, 1956."
(2.) It has been contended that there is a dispute relating to plot nos.852 and 862 situated in Village Fatehpur Atta, Pargana Dankaur, District Gautambudh Nagar and the petitioner is owner of the land in question and his name was recorded in the revenue records. By a notification dated 12 March 2007 the land in dispute along with other lands was acquired under the provisions of the National Highways Act, 1956 (hereinafter referred to as the 'Act of 1956') for the project of Eastern Peripheral Expressway. Certain disputes with regard to the land has arisen for which matters were pending before the Consolidation Authorities. It is stated that from the original property Chak No.282 was carved out in the name of respondent no.4-Shamshad, who executed a sale deed in favour of respondent no.9-Ashok Kumar on 29 September 2011. It is contended that when the Arbitrator enhanced the compensation, the dispute arose. The Additional District Magistrate (Land Acquisition) was required to refer the matter to the Principal Civil Court since there was a dispute between the parties with regard to ownership of plot nos. 852 and 862 and to the entitlement of the compensation determined. It is contended that the respondent no.3 (Additional District Magistrate (Land Acquisition) has failed to discharge his duty to refer the matter for adjudication before the Principal Civil Court of original jurisdiction under Section 3-H(4) of the Act of 1956.
(3.) A perusal of the order dated 27 January 2018 reveals that it was passed after affording adequate opportunity to all the contesting parties. It has been observed that with regard to Chak No.284 there is a dispute pending in the court of Consolidation Officer but there is no stay order or interim order on the record. As per the report of the Consolidation Officer dated 7 April 2017 Chak No. 284 is registered in the name of Sri Ashok Kumar (respondent no.9) and plot nos 852 and 862 are included in the aforesaid Chak, land therefrom has been acquired for the purpose of Eastern Peripheral Expressway and has vested accordingly. The Additional District Magistrate (Land Acquisition) observed that with regard to Chak No. 284 pertaining to plot nos.852 and 856 the original compensation determined has been paid to Saurav Sharma, Gaurav Sharma and Ashok Kumar (respondent nos.7, 8 and 9 respectively) on 1 July 2011 and 15 February 2012. After the award of the Arbitrator when the application was moved for payment of the enhanced compensation, the petitioner and others had filed the objections. It has been stated that the persons filing objections did not produce any evidence in support of the claim and as such the objections cannot be accepted. The Additional District Magistrate (Land Acquisition) has further observed that in case any court passes any judgment/order with regard to the acquired land, the same would be duly given effect to.;