NAGARAJA S. Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court seeking for the following reliefs:-

(2.) The contention of the petitioner, who appears as party-in- person, is that the petitioner has not been made payment of damages on account of illegal use of the property of the petitioner by the respondent and the date of calculation of the compensation is not proper and as such he submits that aforesaid reliefs are required to be granted and amounts as quantified by the petitioner is required to be paid by the respondent.

(3.) The litigation has a long history in as much as there are umpteen number of proceedings, which have been filed by the petitioner / party-in-person from time to time. The land has been acquired and awards have been passed by the SLAO. Aggrieved by the same, the petitioner had approached the arbitrator under Sec. 3G(5) of the National Highways Act, 1956. The arbitrator had awarded compensation without damage. Hence, the petitioner approached this Court in W.P.No.49425/2012, which was disposed on 20/3/2013 directing the respondent to consider the claim of damage of the petitioner. Thereafter, the said claim of damage was considered and an amount of Rs.68,470.00 was awarded towards use of occupation of land without acquisition. Once again, the same came to be challenged before the arbitrator and thereafter the matter came up before this Court in MFA No.1056/2017, which came to be dismissed on 23/4/2019. The petitioner filed a review petition in R.P.No.273/2020, which also came to be dismissed by this Court on 11/6/2021. Aggrieved by the same, the petitioner had filed a special leave petition in S.L.P. No.13633/2021, which also came to be dismissed by the Apex Court. The contention of the petitioner is that the dismissal order of the Apex Court is a non-speaking order and therefore the petitioner is entitled to file the present petition.