SUNIL SHRIPATRAO DHORE Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Heard learned Counsel for the petitioners and learned Counsel for respondents. By consent of the parties matter is taken up for final hearing at the stage of admission.

(3.) Case of the petitioners is that they have file reference by Arbitration Case No. 54/ARB/2023, Mouza Bharathwada, T.S. No.12, Tahsil Nagpur, before the respondent No.2, under Sec. 3- G (5) of the National Highways Act ('N.H. Act' for brevity), for arbitration and enhancement of compensation granted in Land Acquisition Case No. 17/A-65/2015-16, the order dtd. 23/08/2017, in respect of Survey No. 134 area 0.5800 H.R. of village Bharatwada. The reference was filed along with application for condonation of delay. The petitioners challenge the order of acquisition by the respondent No. 4, for the construction of outer ring road around Nagpur City Building, maintained, management and operation of National Highway on the stretch of land from 7.500 km to 61.800 km (Jamtha, Gondkhiri, Chincholi, Bharatwada, Nara, Bhilgaon, Pawangaon, Dhargaon Sec. ), in Nagpur District, under the provisions of N.H. Act. The respondent No.4, determined the compensation under Sec. 3-G of the Act. As lower rates are given for acquired land, he received the compensation under the protest and decide to file this application for determination of value of the agriculture land. In the application for condonation of delay, the petitioners explained to cause 330 days of delay and submitted that due to pandemic and having no knowledge about the disposal of a reference, wherein for the same village Bharatwada, the compensation has been enhanced and after getting the knowledge, filed the reference with application for condonation of delay. The said application was rejected on 11/06/2024, observing that the reasons given in applications were not satisfactory. The said order is under challenge in the present petition.