- (1.) It transpires that in regard to the payment of compensation for the land that was acquired under the provisions of National Highway Act, 1956 both the petitioners and private respondent no.5 had earlier filed writ petitions. The order passed on 29 November 2017 in Writ-C No.52686 of 2017 filed by Muneeb Ahmad Khan is reproduced below : "This petition has been filed with a prayer that the Competent Authority should release compensation amount to the petitioner in regard to Gata No.837 Chha that was acquired by the National Authority of India.
(2.) Sri Mithilesh Kumar Tiwari, learned counsel appearing for Shyam Narayan Chaubey, who also claims compensation for the aforesaid plot, has placed before the Court the order dated 23 June 2017 passed by a Division Bench of this Court in Writ-C No.27865 of 2017 which was also filed for claiming compensation for Plot No.837 and has submitted that notices have now been issued to the petitioner on the application filed by Shyam Narayan Chaubey.
(3.) The order passed by the Division Bench dated 23 June 2017 is reproduced below: "It is stated that land was acquired under the provisions of National Highways Act, 1956 and the dispute in the present petition is as to who would be entitled to receive compensation in regard to Plot No. 837 admeasuring 0.316 hectares situated in Village- Bhimapar, Tappa Tharauli, Pargana & Tehsil- Naugarh, District Siddharth Nagar. Such a dispute can be determined by the Competent Authority under Section 3-H(3) of the Act. It is for the petitioner to file an application before the Competent Authority for this purpose. The Writ Petition is disposed of, accordingly." It is, therefore, for the petitioner to either file objections in the proceedings initiated by Shyam Narayan Chaubey or make a claim before the Competent Authority under Section 3H(3) of the National Highways Act, 1956. The writ petition is disposed of with the aforesaid observation.";