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Pushpa Bai & Others v/s Union of India, Through the Secretary to the Government. Ministry of Road Transport & National Highway, Government of India, New Delhi & Others

Company & Directors' Information:- UNION TRANSPORT (INDIA) PRIVATE LIMITED [Not available for efiling] CIN = U60231TN1993PTC026208

Company & Directors' Information:- THE INDIA COMPANY PRIVATE LIMITED [Active] CIN = U74999TN1919PTC000911

Company & Directors' Information:- INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U65990MH1941PTC003461

Company & Directors' Information:- NEW INDIA TRANSPORT CO PVT LTD [Strike Off] CIN = U60221DL1944PTC000751

Company & Directors' Information:- NATIONAL UNION CORPN PVT LTD [Strike Off] CIN = U51909WB1940PTC010240

Company & Directors' Information:- NATIONAL UNION LTD [Not available for efiling] CIN = U74999KL1951PLC000818

    Civil Writ No. 14074 of 2015

    Decided On, 14 December 2016

    At, High Court of Rajasthan Jodhpur Bench


    For the Petitioners: Rakesh Arora, Advocate. For the Respondents: Mukesh Dave, Advocate.

Judgment Text

1. The petitioners have approached this Court being aggrieved of the order (Annexure-6) dated 14.03.2015 passed by the District Collector, Pratapgarh whereby, the application submitted on behalf of the petitioners for modification/enhancement in the amount of compensation pursuant to the acquisition of the petitioners' land for development of National No.113 was rejected on the ground that the adjudication of such dispute could only be made by raising a dispute in the competent court.

2. Learned counsel for the petitioners has placed on record copy of State Government's notification/circular dated 08.02.2015 as per which, the District Collectors concerned have been authorised to act as Arbitrators under Section 3G(5) of the National Highway Act and to decide such applications.

3. Shri Mukesh Dave, learned AGC does not dispute the fact that the District Collector is authorised to act as an Arbitrator under Section 3(g)(5) of the National Highway Act and is competent to adjudicate the application filed by the petitioners under Section 3G(5) of the National Highway Act.

4. In this view of the matter, this Court is of the opinion that the order under challenge is illegal and does not stand to scrutiny.

5. Accordingly, the writ petition is allowed. The impugned order (Annexure-6) dated 14.03.2015 is hereby quashed and set aside. The matter is remitted back to the District Collector, Pratapgarh to decide the application for enhancement in compensation submitted on behalf of the petitioner by exercising the powers of Arbitration conferred upon him by Section 3G(5) of the National Highway Act objectively and on merits after providing opportunity of hearing to all the concerned. The d

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isposal of the application upon remand shall be made as per law within a period of six months from the date of submission of copy of this order. Writ Petition allowed.