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[2025:RJ-JP:5727] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16758/2016 Smt. Dakha Devi W/o Shri Kaluram, R/o Raigero Ki Dhani, Post Dadiya, Tehsil Sanganer District Jaipur Through Power Of Attorney Holder Shri Iqbal Mohammad Madani S/o Swaleh Mohammad Madani By Caste Musalman, Resident Of E-10, Shivpuri Airport, Sanganer District Jaipur ----Petitioner Versus
1. Authorized Officer, Land Acquisition National Highway No. 12 Distict Jaipur Regional Additional Col, Collectorate, Jaipur
2. National Highway Authority Through Regional Officer, Regional Office Sawai Madhopur Road, Tonk District Tonk ----Respondents For Petitioner(s) : Mr. M.F. Baig For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 10/02/2025
1. Instant civil writ petition under Article 227 of the Constitution of India, has been preferred by petitioner, challenging the order dated 19.07.2016 passed by the District Collector & District Magistrate, Jaipur, determining compensation for acquisition of land of petitioner in exercise of powers under Section 3G (5) of the National Highways Act, 1956.
2. The provision of Section 3G (6) of the National Highways Act, 1956, specifically provides remedy to the petitioner under the Arbitration & Conciliation Act, 1996, if she is not satisfied with the awarded compensation, but it appears that petitioner, instead of
[2025:RJ-JP:5727] (2 of 2) [CW-16758/2016] availing such statutory remedy, has invoked the writ jurisdiction of the High Court under Article 227 of the Constitution of India.
3. In such view, counsel for petitioner seeks permission to withdraw the writ petition with liberty to avail the alternative and statutory remedy as per Section 3G (6) of the National Highways Act, 1956, under the Arbitration & Conciliation Act, 1996, as per the law of limitation.
4. In view of above, the present writ petition is dismissed as withdrawn with the liberty prayed for.
5. Stay application and other application(s), if any, stand
disposed of.
(SUDESH BANSAL),J Sachin/28