MOHAMMAD SHAHID Vs. UNION OF INDIA

JUDGEMENT

(1.) The prayer made in the instant petition is for a direction to the respondents to pay compensation to the petitioners in pursuance of award of the Competent Authority, Bareilly dtd. 6/7/2023 in respect of land bearing Gata no.156 area 0.6053 hectare of revenue Village- Sarniya, Tehsil and District- Bareilly and also interest on the compensation amount.

(2.) The case of the petitioners is that their land aforesaid was notified for acquisition on 28/1/2022 under Sec. 3-A of the National Highways Act, 1956 (for short 'the Act') followed by notification under Sec. 3-D of the Act dtd. 13/9/2022. An award was declared by the competent authority on 6/7/2023. The value of land determined is Rs.3,02,65,000.00and of super structure as Rs.2,95,64,257.00. Thus, the petitioner has become entitled to a sum of Rs.5,98,29,257.00 plus solatium and other statutory benefits. The total sum would be Rs.12,48,72,386.00. The competent authority addressed a communication to the Project Director, NHAI on 17/7/2023 for making available the requisite amount to facilitate payment of the compensation amount to the affected persons. The Project Director, in turn, sent a communication dtd. 19/10/2023 to the higher authorities seeking financial approval. It seems that the higher authorities of NHAI did not accord financial approval and as a result whereof the compensation amount has not been paid to the petitioners so far.

(3.) The competent authority in its instructions supplied through learned Standing Counsel took the stand that the amount has not been made available to him by NHAI and, therefore, compensation has not been paid.