PURSHOTAM BEHL Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in all these petitions, by different/some of the owners of land, total ad-measuring 5.6204 hectares or 13.89 acres, in the revenue estate of village Malikpur Kohi @ Rangpuri, Notification of intention of acquisition inter alia whereof, under Section 3A of the National Highway Act, 1956 (NH Act) was issued on 12th January, 2018, is with respect to the determination dated 16th January, 2019, under Section 3G of the NH Act, of the amount payable as compensation for acquisition and calling upon the petitioners to deliver possession of the land within 60 days, failing which physical possession was threatened to be taken with assistance of police force.

(2.) It was the contention of the counsel for the petitioner on 19th March, 2019 when W.P.(C) No.2733/2019 came up before the Court for admission / consideration, that the determination under Section 3G of the NH Act was not a final determination, as required to be under the NH Act, inasmuch as the said determination was for land only and with respect to the determination of the claim of the petitioner for structures over the said land, it was stated in the determination dated 16th January, 2019, that another determination shall be done. It was further the contention of the counsel for the petitioner that till there is final determination of the claims of the petitioner, both for land and structure and till the amount so determined is not deposited, possession of the land, under Section 3E of the NH Act could not be taken. Finding prima facie merit therein, while issuing notice of the petition, status quo qua possession of the land and structures thereon was ordered to be maintained. Subsequently, on other petitions being listed, the same order followed.

(3.) Pleadings in the petitions stood completed but the hearing of the petitions was being deferred on account of prevalent Covid-19 pandemic. The respondents National Highway Authority of India (NHAI) filed applications for early virtual hearing of the petitions contending that owing to the interim order of this Court in these petitions, construction / completion of the proposed Dwarka Expressway Highway was held up and further informing that supplementary declaration with respect to compensation for superstructures also stood published on 4th October, 2019. The said applications for early hearing were allowed and the petitions posted for hearing on 7th August, 2020.