LAWS(APH)-2023-6-76

RAVI CHANDRAMMA Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA

Decided On June 20, 2023
Ravi Chandramma Appellant
V/S
NATIONAL HIGHWAYS AUTHORITY OF INDIA Respondents

JUDGEMENT

(1.) In all these cases the common issue is involved and as such the following common order is passed. But for the said purpose, the facts in W.P.No. 13995 of 2022 are taken up as under.

(2.) This writ petition is filed questioning the award No. 22 of 2018 passed by the 3rd respondent dtd. 27/9/2018 without depositing the compensation amount which is contrary to Sec. 3(A) to 3(H) of the National Highways Act, 1956.

(3.) The learned Counsel for the petitioners submits that the petitioners' lands were notified vide preliminary notification dtd. 9/12/2017 under Sec. 3(A) of the National Highways Act, 1956 publishing the same in Sakshi News Daily for the purpose of laying the National Highway No. 544 (D) from Ananthapuram to Giddalur Road Sec. covering the notification in S.O 3654 (E) dtd. 20/11/2017 of the Government of India, Ministry of Road Transport and Highways (ch.0.000 KM to ch. 69.000 KM). Declaration of acquisition under Sec. 3 (G) of the National Highways Act, 1956 was published on 6/8/2018 in Sakshi News Daily vide reference No. G-1/4090/2017 dtd. 27/9/2018. Thereafter no further steps were taken by the respondents in all these years. The petitioners were under the impression that no longer the respondents require the said lands of the petitioners. But to their utter surprise and shock, the 4th respondent convened a meeting on 16/3/2022 and informed the petitioners/land owners that they are proposing to pay the compensation as per the award in Rc.No. GT1, NH/3498/21022 dtd. 5/3/2022 which was addressed to the 4th respondent by the 3rd respondent. They were informed that the 3rd respondent already passed the awards and they will pay the amounts determined in the said awards under Sec. 3 (G) of the Act which were passed on various dates between 22/9/2018 to 10/6/2019. With a great difficulty, the petitioners could secure the impugned award No. 22 of 2018 dtd. 27/9/2018.