ROSHANBI AZIZ MOTIWALA Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Rule. Mr. Gokhale waives service on behalf of Respondent Nos. 1 and 2, and Mr. Singh waives service on behalf of Respondent No. 3. Rule is made returnable forthwith. By consent of the parties, Petitions are taken up for final disposal. Since the issue involved in both Petitions is the same, both Petitions are disposed of by a common Judgment.

(2.) Both Petitions are filed under Article 226 of the Constitution of India, seeking directions for quashing and setting aside the order dtd. 20/1/2020 passed by Respondent No. 1-Competent Authority under the National Highways Act, 1956 ("said Act of 1956"). Petitioners have further prayed for 15% per annum equitable interest from the date of the Award passed under Sec. 3(G) of the said Act of 1956 till the date of payment. In the alternative, the Petitioners prayed for grant of statutory interest from the date of possession till the date of actual payment.

(3.) It is contended by the Petitioners in Writ Petition No. 1910 of 2022 that on 15/7/2017, by a supplementary award/order passed under Sec. 3(G) of the said Act of 1956, compensation for an amount of Rs.1,08,92,995.00 was awarded with respect to the building/structures of the Petitioners, on the acquired land. Petitioner in Writ Petition No. 1911 of 2022, contended that on 21/4/2015, by an award/order passed under Sec. 3(G) of the said Act of 1956, compensation for Rs.1,01,88,000.00 was awarded for Petitioner's land. It is the grievance of the Petitioners in both the Petitions that though the compensation amount was paid to the Petitioners, they had not been paid interest on the amount determined by the Competent Authority under the Award from the date of declaration of Award till the date of payment of the amount of compensation.