AI Structured Summary
Not yet generated for this judgment
Judgment
By filing this Writ Petition, the petitioners have prayed for the following reliefs:-
"(a)For issuance of direction commanding the respondents to immediately conclude the long-pending Compensation Case No.20/2011-12 and pass a reasoned, speaking order on the Petitioners’ claim for compensation within a strict, fixed time frame, after affording a proper opportunity of a personal hearing to the Petitioners.
(b)Alternatively, direct the Respondents to immediately calculate and pay fair and lawful compensation to the Petitioners for their 1.68 Acres of land (Khata No.93, Plot No.342, Village Kothar, District Ramgarh) used for making National Highway NH-33. This payment must be made under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and must include all legal benefits, solatium, and interest.
(c)Directing Respondent Nos.2, 3, 4, and 6 to file a comprehensive status affidavit disclosing the legal authority under which physical possession was taken, the current revenue position of the land, and reasons for non-payment of compensation despite admitted utilization for public infrastructure.
(d)Directing the Respondents to award exemplary damages/interest for the unconstitutional, prolonged deprivation of property in violation of Article 300A of the Constitution.“
Heard learned senior counsel representing the petitioners and learned counsel representing the respondents.
It is the grievance of the petitioners that though the land of the petitioners had been acquired by the National Highways Authority of India (NHAI), for construction of the National Highway, but no compensation has been paid.
Considering the aforesaid fact, I direct the petitioners to approach the District Land Acquisition Officer (respondent No.4), by filing a detailed representation.
On receipt of such representation, the respondent No.4 will consider the same and pass an appropriate order, in terms of the National Highways Act, within eight weeks from the date of receipt of copy of this order.
If there is some dispute, it will be open to respondent No.4, to invoke Section 3 H of the National Highways Act.
With the aforesaid observations and directions, this Writ Petition stands disposed of.