IMPORTANT POINT
The court clarified that ownership disputes regarding land acquisition must be resolved by the competent revenue authority, not through a writ petition under Article 226.

JUDGMENT :

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Heard learned counsels for the parties and perused the report.

2. The present petition has been filed against the State Respondents and the acquiring body namely the National Highway Authority of India (NHAI) with the following prayers:

“(a) That this Hon'ble Court may be pleased to issue appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction to the respondent authorities to publish necessary notification qua the land of the petitioner and award the compensation and further be pleased to direct the respondent authorities to pay amount of loss which took place due to destroying standing crops of the petitioner in the interest of justice.

(b) That this Hon'ble Court may be pleased to stay the further work under the "Bharat Mala Project" qua the land of the petitioner in the interest of justice.

(c) YOUR LORDSHIPS may be pleased to pass such other and further order as the nature and circumstances of the case may be required.”

3. The petitioner herein claims to be the owner and occupier of land bearing Survey No.245, Village Kilana, Taluka Santalpur, District Patan and would submit that the land in question is in his share since the year 1987 and revenue entry No.375 is proof of the said fact. The copies of 7/12 extract and Form 8A are appended with the writ petition.

4. The contention in the writ petition is that in the month of May’ 2023, the petitioner came to know about the road widening project under Bharat Mala Project and has contacted the office of the respondent No.3 namely the competent officer, NHAI, demanded documents and requested for compensation.

5. In the month of November’ 2023, some of the officers along with workers rushed to the agricultural field of the petitioner and started work under the Bharat Mala Project. The petitioner obstructed the work and requested for necessary documents and compensation, however, he was threatened by the police officials. Again on 08.11.2023, the Mamlatdar and other officers came to the agricultural field of the petitioner, destroyed the crops and started construction work without any documents and payment of compensation to the petitioner. A representation dated 09.11.2023 was then given by the petitioner and on 02.12.2023, the petitioner demanded compensation for his agricultural land bearing Survey No.245 from respondent No.3 by moving an application.

6. On 11.12.2023, the petitioner wrote an application demanding the copy of map of acquisition of the lands under Bharat Mala Project to the respondent No.3, but there was no reply. All efforts made by the petitioner went in vain and hence, he was constrained to file the present petition in the month of February’ 2024.

7. On the presentation of the writ petition, after impleadment of National Highway Authority of India (NHAI) as respondent, by order dated 12.03.2024, time was granted to the NHAI to file affidavit of the competent authority.

8. In the affidavit filed on behalf of the NHAI, it was stated that the acquisition notification included lands bearing Survey Nos. 244 and 254 of Village Kilana, which mentions acquisition of an area of 1,12,296 sq.mts of Survey No.244 and an area of 1179 sq.mts of Survey No.254. The copy of the acquisition notification under Section 3-A dated 04.09.2018 has been appended thereto. It is also brought on record that the compensation for the acquired land was determined by the competent authority vide award dated 31.10.2020 under Section 3G(1) of the National Highways Act’ 1956.

9. The possession of the acquired area of Revenue Survey Nos. 244 and 254 had been taken from the erstwhile owners, who handed over possession in a peaceful manner.

10. Post acquisition, during the course of execution of the work of construction of the highway, it was realized that some additional land was required, resultantly a fresh notification No.1140(E) under Section 3A was published on 10.03.2