POONAM SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed assailing the award dated 01.07.2018, Annexure P/1, passed under the National Highways Act, 1956 (in short, the Act, 1956) and also to a report Annexure P/5 dated 29.06.2018 prepared by the respondent No.5 based on Patwari's report.

(2.) The brief facts relevant for the disposal of the present writ petition is that, the petitioner has a land situated in Khasra No.310/9 in village Sakari measuring 490 square meters situated on the National Highway-111 (New number NH-130). The petitioner had purchased the property by way of a registered sale deed executed on 07.07.2017. The property was purchased from one Jagdish Pandey. Subsequent to the execution of the sale deed the petitioner applied for mutation of the said property in her name which was also allowed on 10.08.2017. According to the petitioner, at the time of execution of the sale deed the stamp duty collected was on square meter basis. Immediately after the petitioner had purchased the property, the National Highways Authority had initiated the acquisition proceeding acquiring the land adjacent to the aforementioned National Highway i.e. Bilaspur-Katghora National Highway for the purpose of widening and construction of a four lane road.

(3.) According to the petitioner, a notification under Section 3-A of the Act, 1956 was published on 01.09.2017 and the final award was passed on 01.07.2018 under Section 3-G of the Act, 1956. It is this award dated 01.07.2018 which is challenged by the petitioner in the present writ petition primarily on the ground that the compensation has been wrongly quantified by the respondents.