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HC seeks NHAI's reply after being flooded by pleas alleging default in paying compensation

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The Allahabad High Court has asked the National Highway Authority of India (NHAI) to file an affidavit seeking certain details after it received a lot of pleas relating to non-payment of compensation and non-release of Arbitral Award to the land owners.

The Court directions came in an order passed during hearing of one of the pleas in which the petitioner was seeking release of compensation determined by the Arbitrator back in Sept 2019.

Stating that the Court is compelled to issue such directions as it has been flooded with the litigation raising only these issues, which are totally avoidable.

Observing that the Government agencies are not expected to generate avoidable litigation in Courts, the Court asked the Chairman of National Highway Authority of India to file his own affidavit giving following information:

(i) Details of acquisition of land for various projects in the State of Uttar Pradesh, where the compensation has not been paid to the land owners despite award by the competent authority.


(ii) In case, the amount of compensation has been deposited by the National Highway Authority of India to the Collector, details thereof shall be furnished.

(iii) In case, the possession of the land has been taken without any acquisition for which litigation is pending in this Court, or any other Fresh List Serial No. 84 Court, or any representation is pending with any of the authorities, particulars thereof shall also be furnished.

(iv) In case, the amount awarded by the Arbitrator has not been paid to the land owners concerned, details thereof be given in the affidavit, so filed.


(v) In addition to that, any other information, relevant with reference to acquisition of land and payment of compensation to the land owners, may also be provided in the affidavit.

Read Order Here:

  

source ; .latestlaws.com/

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