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2016 Supreme(Guj) 507

AKIL ABDUL HAMID KURESHI, Z.K.SAIYED
National Highways Authority of India – Appellant
Versus
Competent Authority and Sub Divisional Magistrate – Respondent


Advocates Appeared:
For the Appellant :Maulik G. Nanavati, Advocate.
For the Respondent:Mehul S. Shah, Advocate.

JUDGMENT :

Akil Abdul Hamid Kureshi, J.

1. The National Highways Authority of India ("NHAI" for short) has filed this petition challenging an order dated 23.1.2014 as at Annexure-P/1 to the petition passed by respondent No. 1 Competent Authority and Sub-Divisional Magistrate, Mount Abu.

2. Brief facts are as under. NHAI required certain private lands for widening the national highway near Sirohi. For such purpose, the land admeasuring 5283.20 sq. mtrs. of Khasra No. 1240 of village Santrampur belonging to respondent No. 2 came to be acquired by following the procedure provided under the National Highways Act, 1956 ("the said Act" for short). The competent authority appointed under the said Act passed an award on 24.7.2007 determining compensation of Rs. 20,26,671.39 payable to respondent No. 2 for such lands. It is undisputed that respondent No. 2 also received such compensation when the possession of the lands was taken over by the NHAI. Respondent No. 2 objecting to adequacy of compensation, preferred an application under section 3G(5) of the Act for enhancement before the arbitrator. After one round of remand, the competent authority passed its award on 13.5.2013, awarding revised


























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