PARAMJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present judgment shall dispose of 10 writ petitions bearing CWP-13208-2022, CWP-26064, 28208, 28217, 28231 and 28283- 2023, CWP-9361, 10481, 13904 and 21323-2024. For dictating judgment, facts have been taken from CWP-13208-2022 titled Paramjeet Singh & others Vs. Union of India & others.

(2.) Challenge in the writ petition, filed under Article 226/227 of the Constitution of India, is regarding the issuance of revised awards; the corrigendum awards of even date passed by respondent No.5-the Land Acquisition Collector-cum-District Revenue Officer, Jalandhar being the competent authority, under the provisions of the National Highways Act, 1956 (for short, the Rs.1956.00 Act').

(3.) The grouse of the landowners in sum and substance is that the revision has taken place at the behest of the National Highway Authority of India (NHAI), which is without jurisdiction, illegal and liable to be quashed. The NHAI has no role in determining the amount of compensation which is a function bestowed upon the competent authorityrespondent No.5 and therefore, the only right to challenge the same was in terms of the provisions of Sec. 3G(5) of 1956 Act and the Arbitration & Conciliation Act, 1996, as provided under the 1956 Act itself under Sec. 3G(6). Though the notifications dtd. 15/1/2021 (Annexure P- 17) and 19/3/2021 (Annexure P-18) issued by the Central Government, whereby retired IAS officers had been appointed as Arbitrators, is also subject matter of challenge but at the outset, it can be recorded that the said issue was neither pressed nor argued and therefore, this Court is not proceeding to decide the same and would rather adjudicate upon the limited arguments raised and pressed.