BIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner-landowner, by way of present petition, seeks issuance of a writ in the nature of certiorari quashing the impugned Award dtd. 18/1/2024 (Annexure P-4) passed by respondent No.4 totally in an illegal, arbitrary and discriminatory manner, without considering the award pertaining to the same acquisition and of the same village; for the same kind of land and further prays for issuance of a writ in the nature of mandamus directing the respondents to pay the similar amount of compensation as has been awarded to the identically placed landowners in accordance with an arbitral Award dtd. 28/7/2011 (Annexure P-5) passed by the Commissioner, Jalandhar Division-cum-Arbitrator (hereinafter to be referred as "Arbitrator") in case No.MA-494-2009, titled "Smt. Lilawati and others Versus Govt. of India and others"; which was not challenged further by the respondent-NHAI and the same attained finality and has also been implemented in the year 2020 in execution proceedings.

(2.) Reply on behalf of respondent Nos. 1 and 2-NHAI has already been filed and taken on record.

(3.) Briefly stating, some land owned by the petitioner situated in the revenue estate of Village Dugri Rajputan (situated within municipal limit), Tehsil Mukerian, District Hoshiarpur, came to be acquired in terms of notifications dtd. 24/12/2004 and 11/7/2005 issued under Ss. 3-A and 3D of the National Highways Act, 1956 (for short "1956 Act") respectively for the improvement and widening of Jalandhar-Pathankot National Highway-1A KM 26.00 to 117.50 in the State of Punjab. On 23/4/2008, respondent No.3 passed an award under Sec. 3-G (1) of the 1956 Act, whereby the market value was assessed at the rate of Rs.50,000.00 per marla.