CHANDRATI DEVI Vs. NATIONAL HIGHWAY AUTHORITY OF INDIA

JUDGEMENT

(1.) Since all the writ petitions involve similar issues of law and fact, they are taken up for consideration by a common judgment.

(2.) The petitioners purchased the plots in question from the erstwhile owner Smt. Vidya Devi Agarwala and mutated their names in respect of the same. The petitioners have been residing in the said plots upon payment of tax. Upon threat of utilisation of their land by the Government and demolition of existing structures thereon sometime in June, 2018, the petitioners learnt that an area of land measuring 1.37 acres in R.S. plot no. 530 and .38 acres in R.S. plot no. 531 has been acquired vide notification no. 472-L.A. dtd. 5/2/1987. The petitioners obtained a copy of notice under Sec. 4(1a) of the West Bengal Land (Requisition and Acquisition) Act, 1948 demonstrating that the plots in question were acquired in terms of the notice under Sec. 3(1) of the Act. But such notice of requisition was not given effect to and the land in question was released. The record of rights is still in the name of the erstwhile owner and the petitioners are in possession of the property till date. Only rent compensation has been paid by the State respondents and compensation is yet to be disbursed. The petitioners have prayed for an order in terms of Sec. 24(2) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

(3.) Learned counsel for the petitioners has placed reliance on the authority in Pimpri Chinchwad New Township Development Authority v/s. Vishnudev Cooperative Housing Society and Others reported in (2018) 8 Supreme Court Cases 215 and Indore Development Authority v/s. Manoharlal And Others reported in (2020) 8 SCC 129 in support of his contention.