S ARUN KUMAR SHETTY, S/O B S R SHETTY; JOHN FERNANDEZ, S/O LATE MARIAN FERNANDEZ AND ORS Vs. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY; NATIONAL HIGHWAY AUTHORITY OF INDIA AND ORS

JUDGEMENT

(1.) The petitioners have sought a direction to the respondent Nos.1 to 3 for the payment of balance compensation of Rs. 70,000/- per cent.

(2.) The facts of the case in brief are that the lands in question were acquired for the purpose of widening the National Highway No.13. The respondent No.1 passed the award, dated 30.10.2007 determining the compensation at Rs. 1,60,000/- per cent. Aggrieved by the aforesaid award, the respondent No.2 National Highway Authority of India raised the arbitration proceedings before the Arbitrator and Deputy Commissioner, Dakshina Kannada District, Mangalore. The Arbitrator raised the amount from Rs. 1,60,000/- to Rs. 2,40,000/- per cent on 3.4.2010. This award of the Arbitrator is challenged by the respondent No.2 by filing the necessary arbitration suit before the District Court. When thus stood the state of affairs, the respondents sought to take the possession of the lands. The notice calling upon the petitioners to surrender the possession was challenged by the petitioners in W.P.Nos.41572-41576/2011 and 41577- 41578/2011. This Court, by its order, dated 15.12.2011 disposed of these petitions with the following order:

(3.) Pursuant to the passing of the afore-extracted order, the respondent No.2 has deposited the balance compensation amount Rs. 70,000/- per cent with the respondent No.1. On the petitioners' request for the disbursement of the amount so deposited, the respondent No.1 vide his letter, dated 18.2.2012 (Annexure-E) informed the petitioners that there is no order for the payment of balance compensation amount of Rs. 70,000/- per cent. The said letter calls upon the petitioners to accept the compensation as per the office notice, dated 21.10.2011.