High court won’t have the jurisdiction when the appropriate authority is provided under a statutory provision: High Court of Uttarakhand.
Where a statutory provision mentions a competent authority, then a person seeking relief should approach that competent authority and not any other court for relief. A single Judge bench comprising Hon’ble Justice Manoj Kumar Tiwari, in the matter of Yudhir Singh Vs. Union of India and Others (Writ Petition (M/S) No. 1397 of 2021), dealt with an issue where the petitioner approached this court seeking direction in the nature of mandamus, commanding/ directing the respondents to award the compensation, damages, including all other admissible benefits, with interest to the petitioner, as well as the direction in the nature of mandamus, commanding/ directing the respondents to consider the claim of the petitioner of compensation, rehabilitation, resettlement as per the National Rehabilitation &amp; Resettlement Policy, 2007. In the present case, the petitioner was a tenant in a shop that was acquired for the widening of the National Highway under the provisions of the National Highways Act, 1956. The petitioner approached this court as no compensation was provided to him. The counsel for the petitioner supported this petition on the provision contained in Section 3 (c) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioner had also referred to Section 3 G (2) of the National Highways Act, 1956 which is a provision that states the determination of the Amount payable as compensation. The counsel for the respondent submitted that the petitioner’s claim for compensation was without any legal basis, as the compensation was already paid to the owner of the shop. The counsel for the respondent also pointed out that if the petitioner had any claim, then he should be approaching Competent Authority Land Acquisition under Section 3G (5) of the National Highways Act, 1956. The court observed that- “Since petitioner has a statutory remedy under Section 3G (5) of National Highways Act, 1956, therefore, the writ petition is disposed of with liberty to the petitioner to approach Competent Authority Land Acquisition.”
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL ON THE 24TH DAY OF JULY 2021 HON’BLE SHRI JUSTICE MANOJ KUMAR TIWARI Writ PetitionNo. 13921 Yudhbir Singh. By Mr. B.S. Negi Advocate) Union of India and others. ....Petitioner ...Respondents By Mr. Rakesh Kunwar Additional C.S.C. for the State of Uttarakhand and Mr. Naresh Pant Advocate for respondent nos.2 4 & 8) According to the petitioner he was tenant in a shop which was acquired for widening of National Highway under the provisions of National Highways Act 1956. Since no compensation was paid to the petitioner therefore he has approached this Court seeking the following reliefs: of mandamus “(i) issue a writ order or direction in the directing the respondents to award the compensation damages including all other admissible benefits with interest to the ii) issue a writ order or direction in the directing the respondents to consider the claim of the petitioner of compensation rehabilitation resettlement as per of mandamus 2 National Rehabilitation & Resettlement Policy 2007 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 which is reproduced below: “3. Definitions In this Act unless the context otherwise requires c) "affected family" includes i) a family whose land or other acquired ii) a family which does not own any land but a member or members of family may be agricultural labourers tenants including any form of tenancy or holding of usufruct right share croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land whose primary source of livelihood stand affected by acquisition of land iii) the Scheduled Tribes and other traditional forest dwellers who have lost any of recognised under the Scheduled Tribes and Other Traditional Forest Dwellers Recognition of Forest Rights) Act 2006due to acquisition of land 3 iv) family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce hunters fisher folk and boatmen and such livelihood is affected due to acquisition of land v) a member of the family who has land by the State been assigned Government under any of its schemes and such land is under acquisition vi) a family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land ” Learned counsel for the petitioner has also referred to provision contained in Section 3 Gof the National Highways Act 1956 which reads as under: “3G. Determination of amount payable as compensation 2) Where the right of user or any right in the nature of an easement on any land is acquired under this Act there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub section for that land.” Learned counsel for respondent nos. 2 4 & 8 then submits that if petitioner has any claim for compensation then he has a remedy of approaching Competent Authority Land Acquisition under Section 3G 5) of National Highways Act 1956. Since petitioner has statutory remedy under Section 3G of National Highways Act 1956 therefore the writ petition is disposed of with liberty to petitioner to approach Competent Authority Land Acquisition. If petitioner approaches the Competent Authority Land Acquisition within three weeks from today the Competent Authority Land Acquisition shall consider and decide petitioner’s claim on merits as early as possible preferably within a period of one year from the date of production of certified copy of this order. 