On the other hand, the companycerned Executive Engineer, PWD, informed the Lok Ayukta that the Khasra numbers in respect of which the appellant alleged encroachment and claimed companypensation had never stood in his name and that even for the lands acquired in 1982, the companypensation was paid to Mohammed Hussain alias Bhola and others and number to the appellant.
On enquiry by the Lok Ayukta, the Addl.
The said orders are challenged in these appeals by special leave.
Thereafter, the appellant approached the High Court in the year 2000 seeking a direction to the respondents to pay companypensation in regard to the extra land used and occupied by respondents by diverting the road from its original alignment.
The review petition filed by the appellant was dismissed on 22.2.2008.
The said writ petition was dismissed by order dated 9.7.2007 on the ground that petitioner can have recourse to section 18 of the Land Acquisition Act, 1894 Act for short , if he wanted enhancement of companypensation.
The matter therefore requires to be reconsidered by the High Court, on merits.
An application under section 18 of the Act cannot be filed in regard to a land which was number acquired at all.
The appellant has chosen to follow the second companyrse.
The said companyplaint was however closed on 7.9.1999 as time barred, in view of the delay of 12 years in seeking relief.
In the year 1996, the appellant submitted a companyplaint to the Lokayukta alleging that his plots bearing No.87/5, 88, 90, and 232 in Sarai Badli and plot No.580/5 and 602/1 in Ibrahimpur Danda were included in the said acquisition that in 1995 when he got his other lands measured, he found that his plots bearing Nos.27, 57, 58, 450, 451 and 452 new numbers 103, 90, 93/1, 232/2, 231/2 and 229/5 measuring 0.7068 Hectare had been illegally and unauthorisedly used for companystructing the road.
When a writ petitioner makes out a case for invoking the extra ordinary jurisdiction under Article 226 of the Constitution, the High Court would number relegate him to the alternative remedy of a civil companyrt, merely because the matter may involve an incidental examination of disputed questions of facts.
V. RAVEENDRAN J. 1.
Leave granted.
Certain lands in village Sarai Badli and Ibrahimpur, Danda, Pargana Kora, District Fatehpur, UP, were acquired for companystruction of a six Kilometre road from Jahanabad to Garhi Jafraganj in the year 1982 and companypensation was paid to the land owners in the year 1983.
