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2018 Supreme(P&H) 3430

RAJESH BINDAL, AMIT RAWAL
Balbir Singh (deceased) Through Lr – Appellant
Versus
Union Of India And Others – Respondent


Advocates Appeared:
Rakhi Sharma, Adv., R.S. Madan, Adv., Pankaj Gupta, Adv.

JUDGMENT

Amit Rawal, J. - Petitioner has invoked the jurisdiction of this Court for issuance of writ in the nature of certiorari, for quashing the order dated 21.07.2015 (Annexure P-12) passed by respondent No.4 - Sub-Divisional Magistrate, Derabassi (Competent Authority under National Highways Act, 1956), whereby the interest upto date on the amount of compensation awarded to the petitioner has been declined.

2. In pursuance to the notification issued under the provisions of National Highways Act, 1956 (for short, 1956 Act'), land of the petitioner was acquired for widening of the National Highway 21 and 22, Ambala Chandigarh. The petitioner is stated to have handed over the possession to the National Highway Authority of India (for short 'NHAI') of land measuring 1 bigha 16 biswas but had been paid compensation only for 1 bigha 12 biswas and 2 biswasi.

3. It has been averred that the Arbitrator, vide award dated 22.02.2011 fixed the compensation at the rate of Rs. 2,45,00,000/- per acre. The possession had been taken in May 2007 but no compensation as stated above had been paid. In this regard, petitioner approached this Court, vide CWP No.7245 of 2015 for issuance of appropriate

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