BHUPENDRASINGH S/O SARDARSINGH PARMAR Vs. COMPETENT AUTHORITY

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for the respective parties finally with their consent.

(2.) The petitioner claims to be the owner of land Gat No. 98/B-1 admeasuring 4470 square meters situated at village Avdhan Taluka and District Dhule. It is contended that the respondent No.1 has undertaken the construction of National Highway No. 6 for widening of existing two lane carriage way to 4/6 lane carriage way configuration for Jalgaon-Maharashtra Gujarat Border (Kms. 441/950 to Kms. 4650/794). It is further contended that a notification u/s. 3(A) of the National Highway Act, 1956 (NH Act, 1956) was issued on 16/12/2015, and notification u/s. 3(D) was published on 14/12/2016, award is declared on 14/08/2017, under which the petitioner was held entitled for compensation to the tune of Rs. 11,88,30,748/-. Payment notice is claimed to have been issued on 20/12/2017 to the petitioner, asking him to remain present on 27/12/2017 in the office of respondent No.1, on which date it is stated that possession was taken. It is further contended that instead of depositing the entire compensation amount to the tune of Rs. 11,88,30,748/-, the respondents have deposited only Rs. 9,04,56,382/- resulting in a shortfall of Rs. 2,83,74,366/-, for which a request letter dated 13/04/2018 was issued by the petitioner to respondent No.1.

(3.) It is contended that by a letter dated 23/04/2018 respondent No.1, not only turned down the request for payment of the balance amount, but stated that while acquiring the non- agricultural land of the petitioner, the G.R. dated 26/05/2015 providing multiplier factor of 2.00 was used, however, in the subsequent G.R. dated 24/11/2017 the multiplier factor has been reduced to 1.50 for lands which are for residential/commercial and industrial use, as a result of which corrigendum/clarification dated 02/01/2018 was prepared in respect of the award dated 14/08/2017, in view of which the amount the petitioner was entitled to, already stood deposited in his account.