IMPORTANT POINT
The main legal point established is that the Competent Authority for Land Acquisition (CALA) cannot revise the Award without the parties invoking the statutory remedy of appointing an Arbitrator under Section 3G(5) of the National Highways Act.

JUDGMENT :

Heard Mr. A.R. Malhotra, learned counsel for the petitioners, Ms. Zairemsangpuii, learned CGC for the respondent No. 1, Mr. C. Lalfakzuala, learned counsel for the respondent Nos. 2 & 3 and Mrs. Mary L. Khiangte, learned Govt. Advocate for the respondent Nos. 4, 5 & 6.

2. By filing this writ petition, the petitioners have prayed for setting aside the Office Order dated 13.08.2021 (Annexure - 7) and for a direction to the respondent authorities concerned to pay them compensation for their acquired land as per the assessment made by the Competent Authority For Land Acquisition (CALA) on 17.04.2021 (Enclosure to Annexure - 6).

3. It is the case of the petitioners that the Ministry of Road Transport & Highways, Govt. of India decided to undertake the work of building (widening/two lane with paved shoulder/four laning etc), maintenance, management and operation of NH-6 (NH-53) in the stretch of land from Km 15 - Km 30.05 and Km 30.05 - Km 50.36 which is within the jurisdiction of the Deputy Commissioner, Saitual, Mizoram. The respondent No. 1 appointed the respondent No. 6 as CALA under Section 3(a) of the National Highways Act, 1956 (National Highways Act) to perform the function of acquiring land for the said project.

4. The respondent No. 1 after being satisfied that the land was acquired for the aforesaid public purpose in exercise of powers conferred by Section 3A(1) of the National Highways Act issued Notification dated 11.08.2020 in the Gazette of India giving a brief description of the land in the Schedule which was required for the proposed construction.

5. Thereafter, the respondent No. 1 after being satisfied that the land was required for the aforesaid public purpose had again in exercise of the powers conferred by Section 3A(1) of the National Highways Act issued another Notification which is also dated 11.08.2020 in the Gazette of India giving a brief description of the land in the Schedule required for the said construction. Both the Notifications dated 11.08.2020 issued under Section 3A(1) of the National Highways Act were published in the local dailies 'Aizawl Post' and 'Saitual Post' on 28.08.2020 and 29.08.2020 respectively.

6. Thereafter, hearing was conducted by CALA under Section 3(c) of the National Highways Act and subsequently, the Central Government vide Notification dated 29.09.2020 under Section 3D of the same Act declared that the land described in the Schedule should be acquired for the purpose mentioned in the two (2) Notifications dated 11.08.2020.

7. That subsequently, the respondent No. 6 made the Award dated 17.04.2021 under Section 3G of the National Highways Act determining the compensation payable to the petitioners for the acquisition of their land by including compensation for the stone quarries belonging to them. However, while the petitioners were waiting payment of compensation to them as per the Award dated 17.04.2021, the respondent No. 6 without their knowledge revised Package Nos. 2 & 3 of the Award dated 17.04.2021 by deducting the compensation awarded to the petitioners for acquisition of their quarries by issuing a revised Award dated 18.08.2021. The petitioners came to learn about the revised Award through an RTI application made by them. The respondent No. 6 against their RTI application also clarified that the Award under 3G Part-II was issued twice since the respondent No. 1 could not approve the first Award dated 17.04.2021 and therefore, the respondent No. 6 had issued the revised Award dated 18.08.2021 in accordance with the Order of the State Government in the Revenue Department dated 13.08.2021.

8. Mr. A.R. Malhotra, learned counsel for the petitioners submits that the letter dated 21.09.2021 issued by the respondent No. 6 clearly reveals that the Award under 3G of the National Highways Act was illegally revised due to the impugned Order dated 13.08.2021 which otherwise was issued in clear violation of the Govt. of Mizoram (Transaction of Business) Rules, 2014 (Transact