ALOK MATHUR,J. - (1.) Heard Sri Abhinav Singh, learned counsel for the petitioners, Sri Pradeep Raje, learned Standing Counsel for the respondent nos. 2 and 3, Ms. Samidha, learned counsel for the respondent no. 1 and Sri Somesh Tripathi, learned counsel for the respondent nos. 4 to 17 on C.M.A. No. 99768 of 2019, an application for substituting the name of applicants in place of petitioner no. 1 Binadadin, who died on 05.08.2019 as well as on the question of admission.
(2.) On due consideration of the contents mentioned in the affidavit filed in support of application for substitution, application is allowed accordingly. Let necessary incorporation be carried out in the array of parties during the course of the day.
(3.) By this writ petition the petitioners are praying for quashment of the order dated 05.06.2018 passed by the respondent no. 2 i.e. Competent Authority/Special Land Acquisition Officer, Raibareli whereby the respondent no. 2 instead of referring the dispute of apportionment of compensation between the petitioners and respondent nos. 4 to 17 to the principal Civil Court of Original Jurisdiction under Section 3-H (4) of the National Highway Act, 1956, decided the dispute itself and directed to pay the compensation, accordingly. Petitioners are claiming the ownership of land bearing Khasra No. 285/1 admeasuring 0.5190 hectares, part of land bearing Khasra No. 286 admeasuring 0.2920 hectares, land bearing Khasra No. 361 admeasruing 0.0330 hectares and land bearing Khasra No. 287 admeasuring 0.4270 hectares situated in Village Datauli Lalganj, Pargana Dalmau, Tehsil Lalganj, District Raibareli. It is also alleged that Khasra Nos. 285/1, 287 and 361 were recorded in the revenue records in the name of Late Sri Lau in Khatauni of 1348 Fasli year, which was prepared on the basis of 3rd settlement. On 09.12.1946 Late Sri Lau s/o Sheetal Din executed a registered Will in favour of Late Sri Munnu, who is predecessor in interest of the petitioners, as such, the said land has been inherited by the petitioners on the basis of registered Will deed and they are the owners in accordance with their respective shares. The land in question was acquired for the purpose of construction of national highway No. 232 from 147 KM to 194 KM, Raibareli to Banda section. A notification under Section 3 (A) of the Act of 1956 was issued on 21.01.2014 followed by the notification under Section 3-D (1) dated 13.11.2014 whereby certain land has been acquired for the aforesaid purpose under the Act of 1956. On 28.12.2016 an award under Section 3 (G) of the Act of 1956 was passed by the Additional District Magistrate (Judicial), who is competent to issue such an award. ;