SHAYARBAI Vs. COMPETENT AUTHORITY & ORS.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The petitioner has filed the present petition being aggrieved by the award dated 18.12.2015, passed by the Competent Authority and SDO, Tehsil - Tarana, District Ujjain under the provisions of the National Highways Act, 1956 and order dated 29.12.2017, passed by the SDO and Land Acquisition Officer (Revenue) Tehsil - Tarana, District Ujjain whereby representation has been rejected.

(3.) The petitioner is owner of Survey No.161/2 (Area 0.030 hectares), situated in Village Rojwas, Tehsil - Tarana, District Ujjain. Government of India issued a notification in exercise of power conferred under section 3 of National Highways Act, 1956 for acquisition of the land of various survey numbers situated in Village Rojwas, Tehsil - Tarana, District Ujjain for widening of the National Highway Number 3 from Shivpuri to Dewas (516.315KM to 532.420 KM). For the aforesaid purpose, the land of various survey numbers measuring 1.004 hectares of Gram Rojwas were liable to be acquired and for which a notification under section 3A of the National Highways Act 1956 was issued on 26.02.2011. Thereafter, notification under Section 3B was issued w.e.f 19.12.2012. Thereafter, objections were invited from the land owners. That the notification under Section 3D (2) was issued on 18.12.2013 whereby all the lands have vested into the Government of India free from all encumbrances. The notification was published in the local newspaper but the authorities did not receive any objection. The land acquisition officer has assessed the compensation for the irrigated land @ Rs. 22,40,000/- per hectare and for unirregated land @ Rs. 14,00,000/- per hectare. After assessment, the amount of compensation has directly been deposited in the bank account of owners through E-transaction. The Competent Authority-cum-SDO has passed the final award on 18.12.2015.