LAWS(CHH)-2020-9-78

MAHESH NACHRANI Vs. UNION OF INDIA

Decided On September 14, 2020
Mahesh Nachrani Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Since the issue involved in the present three writ petitions are identical and similar in nature, the relief sought for and the whole of contentions also being common, this Court proceeds to decide the three writ petitions by this common judgment.

(2.) The brief facts common in the present writ petitions is that all the petitioners have a piece of land in village Aamsena under Patwari Halka No. 22/38 under Revenue Circle Sakri, Tehsil Takhatpur, District Bilaspur. All the three petitioners came in possession of the property by way of registered sale-deed executed duly stamped and also on payment of the stamp duty required. Subsequently, these properties of the petitioners came under acquisition under the provisions of the National Highways Act, 1956. The acquisition was done for the construction and widening of the Bilaspur-Katghora bypass situated on National Highway-130 (Old number NH-111). After the requisite formalities as laid down under the National Highways Act, 1956 the final award under Section 3(G) of the aforesaid Act was passed on 01.06.2018 (Annexure P/2) in all the three writ petitions.

(3.) Thereafter, after a gap of more than 4 months, the same Sub-Divisional Officer, who is also the Land Acquisition Officer and the prescribed authority under the National Highways Act, 1956 suo-moto reviewed the award (Annexure P/2) dated 01.06.2018 and an amended award was passed in the case of each of the petitioners vide amended award dated 05.10.2018 (Annexure P/1) in all the three petitions. It is this amended award dated 05.10.2018 which is under challenge in the present writ petitions.