Allahabad High Court
Ram Jit Yadav And Ors. vs Union Of India Through Secy.Deptt.Of ... on 28 November, 2019
Bench: Pankaj Kumar Jaiswal, Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- LAND ACQUISITION No. - 25285 of 2017 Petitioner :- Ram Jit Yadav And Ors. Respondent :- Union Of India Through Secy.Deptt.Of Road Transport & Ors. Counsel for Petitioner :- Sm Singh Royekwar,Dr. Deepti Singh,Ranjit Singh,Sumeet Tahiramani Counsel for Respondent :- C.S.C.,A.S.G.,Smt. Seema Srivastava,Smt.Seema Srivastava Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Alok Mathur,J.
Heard Mr. Sumit Tahir Ramani, learned counsel for the petitioner, Mr. Anil Kumar, learned Standing Counsel for the respondent Nos. 5 & 6, Ms. Samidha, learned counsel for the respondent Nos. 2 to 4, NHAI.
The petitioners in both the writ petitions are recorded tenure holders of Plot No. 326A village Narharpur, Pargana Chanda Tehsil Lambhuwa, District Sultanpur. The total area of plot No. 326A is recorded in Khatauni which is 2.07809 hectare. On the request of NHAI, Ministry of Road Transport and National Highway issued a notification under Section 3(A) of the National High Way, Act 1956 for acquisition of certain land for construction of four lane highway. Under Section 3(A) notification dated 23.10.2012 in respect of an area 0.3113 hectare of Plot No. 326(B) was issued on 02.10.2013 in which also plot No. 326(B) initially bearing an area to be acquired as 0.3193 hectare. In this notification under Section 3(D) common name of the petitioner are shown in the column of "owners of the land".
Thereafter the award was given on 05.06.2015, in this award it is mentioned that area of Plot No. 326A is 0.3113 hectare and are of Plot No. 326B is 0.0080 hectare have been taken into consideration. The total area of two plots mentioned in the award matches with the area mentioned in the notification issued under Section 3(A) and 3(D) of the Act, 1956.
Petitioner is aggrieved by the original award issued by the competent authority as also the award given by the Arbitrator upon a reference being made by the NHAI submitted that they are not the recorded tenure holder of Plot No. 326 D and are not claiming right over the said plot which is notified in the second notification mentioned above and therefore award referring to Plot No.326 including the name of the petitioner as his beneficiaries to the compensation does not appear to be correct.
Complying the aforesaid, we direct the NHAI, to take instructions in the matter and also direct the respondents to maintain statusquo in Plot No. 326 A only.
Today, as per instructions received it is not disputed by the petitioner with respect of an area of 0.3113 hectare. It is submitted that part of the compensation in respect of an area 0.3113 hectare which was wrongly taken into consideration as Plot No. 326(B) and therefore he had received an amount of compensation.
Ms. Samidha, learned counsel for the respondents has submitted that after coming to the aforesaid conclusion a fresh notification under Section 3(A) in respect of an area 0.3193 hectare of Plot No. 326 A and thereafter 3D notification was issued on 16.10.2018. She further submitted that after complying the procedure as prescribed under the NHAI Act,1956 the award of compensation amount will be paid to the land owner.
After complying the relevant provisions as enshrined in the NHAI Act, 1956 award will be made and in case petitioners are having any grievance they can challenge the award by taking recourse to Section 3G(5) of the Act, 1956.
In view of the aforesaid statement made by respondents during the course of hearing at bar no further order is required. The respondent State as well as NHAI is directed to proceed accordingly in pursuance to the notification issued on 23.10.2012 and any amount which has been received by the petitioner in pursuance of the award passed in respect of an area 0.3113 hectare, the same may be adjusted accordingly.
With the aforesaid, observation/direction the writ petition stands disposed of.
Order Date :- 28.11.2019 A.K. Singh (Alok Mathur, J.) (Pankaj Kumar Jaiswal, J.)