HARENDRA RUDRAPAUL SON OF BIR CHANDRA RUDRAPAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. P. Dhar, learned counsel appearing for the petitioner and also heard Mr. Bidyut Majumder, learned Deputy Solicitor General appearing for the Union of India as well as Mr. Pradip Chakraborty, learned counsel appearing for the proforma-respondents.

(2.) The present writ petition has been filed by the petitioner under Sec. 226 of the Constitution of India for setting aside the order dtd. 4/11/2022 passed by the Competent Authority for NH-108B (ADM and Collector), West Tripura in Apportionment Serial No.1 in LA Case No.1/MNP/2020 of Mouja-Tulabagan Sheet No. 1/p.

(3.) Brief facts, in a nutshell, are that for the purpose of upgradation of National Highway from Agartala to Khowai (NH-108B) land measuring 0.63 acres recorded in plot No.278/p of Khatian No.861 of Mouja-Tulabagan Sheet No.1/p was acquired by formal notification and L.A Case No.1/MNP/2020 under West Tripura District. The award was drawn up under Sec. 3G of the National Highways Act, 1956 in the name of the Raiyat and the petitioner as occupier. The petitioner filed objection and sought for reference for determination of apportionment before the Competent Authority but the authority without referring the matter as required by law passed the impugned order dtd. 4/11/2022.