NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. INDERJEET

JUDGEMENT

(1.) The present order shall dispose of nine cases bearing Civil Revision Nos.1994 to 1999, 2008, 2009 and 2010 of 2010, since common questions of law and facts are involved in all the cases. However, for deciding the aforesaid cases, the facts are being extracted from Civil Revision No.1994 of 2020.

(2.) The National Highway Authority of India (for short "petitionerauthority"), as such, challenges the order dated 10.01.2020 passed by the Executing Court, being Additional District Judge, Palwal, whereby its objections have been dismissed. The reason to dismiss the said objections is that the acquired land, as such, is situated on and around by-pass Hodal near Dabchik Tourist Complex and the Arbitrator, vide his award dated 12.12.2017 (Annexure P-2), had fixed the rate of the acquired land as per the circle rate for the year 2011-12, i.e. @ Rs. 50,000/- per sq. yard and, therefore, the Executing Court could not go beyond the decree. The stand of the petitioner-authority that the circle rate is @ Rs. 40,000/- per sq. yard since the land was falling in the revenue estate of village Bedha Patti, Hodal was accordingly rejected on the examination of record. Resultantly, directions were given to calculate the compensation @ Rs. 50,000/- per sq. yard, which was according to the circle rate for the year 2011-12, and to pay the same to the decree holder.

(3.) Counsel for the petitioner has vehemently argued that it is the case of the land owners themselves that the land fell in the revenue estate of village Bedha Patti, Hodal and the commercial collector rate for the said land was @ Rs. 40,000/- per sq. yard. Therefore, the direction that the amount should have been paid @ Rs. 50,000/- per sq. yard was not sustainable. Reference is made to the arguments raised by the counsel for the landowners before the Arbitrator on 11.10.2017, wherein similar set of land was also acquired vide notification dated 04.05.2010 and Rs. 30,000/- per sq. yard was the compensation fixed as per the award dated 26.04.2012. Similarly, reference is also made to the arguments raised by the counsel for the landowners when the matter was decided before the Arbitrator on 12.12.2017 (Annexure P-2) that the land was situated in village Bedha Patti, Tehsil Hodal, District Palwal.