MEENA SHRIVASTAVA Vs. UNION OF INDIA & OTHERS

JUDGEMENT

(1.) As common questions are involved in these petitions, all these petitions are being heard analogously. For the sake of convenience, pleadings and documents available in the record of Writ Petition No.6243/2015 are being referred to in this order.

(2.) The petitioners have filed these writ petitions and have called in question the act of the competent authority exercising jurisdiction under Section 3G Sub Section 1 and 2 of the National Highways Act, 1956 (for short "the Act, 1956") in the matter of assessment of compensation for the land acquired under the Act, 1956. It is stated that when the compensation was assessed and the award was passed after 1st January, 2015, the Act, 1956 stood repeals by virtue of Section 105 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement (Amendment) Act, 2015 (for short "the Act, 2015") and therefore the amount awarded under the National Highways Act is not proper. Now the enhanced award is to be passed in accordance to the amended provisions of the Act, 2015. Accordingly claiming enhanced amount in view of the aforesaid amended Act. Therefore, these writ petitions have been filed.

(3.) The respondents have appeared and have raised objections to say that once the award has been passed under the provisions of the Act, 1956, if the petitioners have any grievance with regard of the award, they should raise a dispute before the Arbitrator appointed by the Central Government as per the provisions of Section 3G(5) of the Act, 1956 and as statutory remedy is available, the writ petitions filed before this Court is not maintainable.