LAWS(P&H)-2023-9-62

ASHOK KUMAR GARG Vs. UNION OF INDIA

Decided On September 06, 2023
ASHOK KUMAR GARG Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Through the instant petition, the petitioner asks for assigning the hereinafter reliefs:-

(2.) On 25/11/2020, a notification under Sec. 3-A of the National Highways Act, 1956 (for short 'the Act of 1956') (Annexure P-1) became issued. The said notification was meant for acquiring the land for National Highway No. 205K Ludhiana-Rupnagar Sec. . The petition land is comprised in khasra No. 26//22 (0.1391), and, khasra No. 26//23/1 (0.0202). After the issuance of the said notification, the petitioner filed objections under Sec. 3-C of the Act of 1956. Subsequently, on 15/4/2021, a notification under Sec. 3-D of the Act of 1956, became issued but after making a decision, upon the objections, as became filed under Sec. 3-C of the Act of 1956 by the petitioner. Thereafter, the petitioner again filed objections under Sec. 3-C of the Act of 1956, and the said objections were again dismissed on 9/9/2021, thus by the competent authority concerned. On 27/9/2021 (Annexure P-3), an award was made in respect of the acquired lands, by the competent authority concerned.

(3.) However, the award (supra) became challenged by the National Highway Authority of India (for short ' NHAI'), thus under Sec. 3G(5) of the Act of 1956, and, the said challenge is subjudice before the Arbitrator-cum-Divisional Commissioner, Patiala.