RAMDAS BABURAO AVHAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This matter was heard on 26/09/2023 and we informed the parties that we would pass the order. However, after going through the papers, we required some clarifications and therefore, we placed the matter on board on 09/10/2023 in the Chambers, when both parties appeared and cleared our doubts and the judgment was reserved. This is duly recorded in our Order dtd. 09/10/2023.

(2.) Rule. The learned AGP waives service for Respondents. Rule made returnable forthwith. Heard finally with the consent of the parties. By this Petition under Articles 226 and 227 of the Constitution of India, the Petitioners are seeking direction to Respondents (The State and the Competent Authority under the National Highways Act, 1956) to forthwith release the enhanced amount of compensation in favour of the Petitioners as per Order dtd. 15/02/2023 passed by Respondent No. 2. The subject matter of this petition is compensation receivable for land acquisition for construction of National Highway. CASE & SUBMISSIONS

(3.) Heard Mr. Gite, the learned counsel for the Petitioners. He submitted that the Petitioners' lands are situated at Village Dodi Bk; Taluka Sinnar, District Nashik, which are more particularly described in paragraph 3 of the Petition. It is the case of the Petitioners that the subject matter lands were acquired for the purpose of construction of Nashik Pune Highway under the provisions of National Highways Act, 1956 ("the said Act' for short). It is contended by the Petitioners that Respondent No. 2 - the Competent Authority declared the final Award on 06/11/2013 and awarded compensation to the Petitioners @ Rs.727.00 per square meter. A copy of the Award is produced on record. It is further contended that at the time of publication of the Award, only the Petitioners appeared in the Award as interested persons/owners. It is contended that by Notice dtd. 31/12/2013 the Competent Authority called upon the Petitioners to receive the amount of compensation. It is further contended that they have executed compensation receipts about their respective shares in the subject matter land. Copies of the compensation receipts as well as notice for receiving payment, are produced on record. It is contended that they filed reference u/s. 3G of the said Act before the learned Arbitrator constituted under the said Act and claimed enhanced rate of compensation and led evidence in support thereof. It is contended that after considering submissions of the Petitioners, the learned Arbitrator by its Order dtd. 18/04/2017 passed an Order of enhancement of compensation @ Rs.2191.00 per square meter. The said order of the Arbitrator is produced on record. It is further contended that since only the Petitioners were entitled to receive enhanced compensation, the Competent Authority again issued notice dtd. 07/10/2022 to the Petitioners to receive enhanced amount of compensation.