ORDER :

I.A. No.2762 of 2018:-

1. This writ petition has been filed under the heading for Admission but learned counsel for the petitioners has prayed to pass an appropriate order in an interlocutory application being I.A. No.2762 of 2018, therefore, learned counsel for the parties have been given an opportunity to press that interlocutory application and accordingly they have been heard by this Court.

2. Learned counsel for the petitioners has submitted that the present interlocutory application has been filed inter alia for the following reliefs:-

“In para-1 after para-(E), the following paras be added and numbered as (EE) and (EEE) :-

(EE) For an appropriate writ/order/direction commanding upon the respondents to pay of compensation of Rs.3,14,08,257.60 for 3.72 acres and Rs.844,308.22 for 0.10 acres aggregating to a total compensation of Rs.3,22,52,565.80 in respect of 3.82 acres of land belonging to the petitioners which has been acquired by the NHAI as already determined by the respondent NHAI with interest at such rate and for such period as may be deemed fit and proper by this Hon'ble Court in the facts and circumstances of the instant case in favour of the trust i.e., Gibraltar Maintenance Trust (GMT), which was created by the Will dated 24.11.1946 of Late Justice S C Mallik (which was probated by the Hon'ble Calcutta High court on 19.9.1963) whose trustees are the petitioner nos.1 to 4 above named;

(EEE) For a further writ/order direction commanding upon respondent NHAI to demarcate the exact alignment of the proposed road to be constructed within the petitioners' compound covering an area of 3.82 acres of land belonging to the petitioners in plot nos.9 and 6 and to provide a drawing (mentioning north and mentioning the scales) showing such demarcation so as to enable the petitioners to construct initially a fencing with barbed wires and eventually a wall on both sides of the road for protecting the petitioners land on both sides of the road as such fencing would also be necessary to ensure that all activities of the contractor of the respondent NHAI relating to construction of the road is confined to the area within the fencing and they cannot cause any further damage to the land, trees and rocks outside such fencing;”

3. It is the submission of the learned counsel for the petitioners that the land originally was recorded in the name of Mr. Justice S.C. Mallik (now dead) and in pursuance to the acquisition proceeding initiated under the provision of National Highway Authority Act, the land has been acquired for the purpose of construction of NH-33 in the district of Hazaribagh to connect Hazaribagh to Barahi.

4. After following the due procedure, the land has been acquired and has also been earmarked by the authorities of the National Highway and now the work is in progress but the land adjacent to the acquired land since is open, therefore, there is public encroachment and as such the petitioners may be allowed to construct boundary wall to protect the aforesaid land from the public encroachment and to that effect an appropriate direction has been sought for.

5. Further prayer has been made for a direction to be issued upon the competent authority of the State for making payment of amount of compensation which has not yet been paid in favour of the petitioners.

6. Learned counsel appearing for the respondents i.e., both State as well as NHAI, have fairly submitted that the aforesaid prayer may be allowed by allowing the interlocutory application.

7. This Court after considering the aforesaid submissions and with the consent of the respondents and looking to the prayer made in the interlocutory application which has got nexus with the original relief sought for in the writ petition deem it fit and proper to allow the interlocutory application in order to avoid multiplicity of proceeding and therefore, the prayer made in the interlocutory application is allowed, in consequence thereof, prayer made therein is to be treated as p