The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.

JUDGMENT :

G.S. Sandhawalia, J.

1. The present judgment shall dispose of 10 writ petitions bearing CWP-13208-2022, CWP-26064, 28208, 28217, 28231 & 28283-2023, CWP-9361, 10481, 13904 & 21323-2024. For dictating judgment, facts have been taken from CWP-13208-2022 titled Paramjeet Singh & others Vs. Union of India & others.

2. Challenge in the writ petition, filed under Article 226/227 of the Constitution of India, is regarding the issuance of revised awards; the corrigendum awards of even date passed by respondent No.5-the Land Acquisition Collector-cum-District Revenue Officer, Jalandhar being the competent authority, under the provisions of the National Highways Act, 1956 (for short, the '1956 Act').

3. The grouse of the landowners in sum and substance is that the revision has taken place at the behest of the National Highway Authority of India (NHAI), which is without jurisdiction, illegal and liable to be quashed. The NHAI has no role in determining the amount of compensation which is a function bestowed upon the competent authority-respondent No.5 and therefore, the only right to challenge the same was in terms of the provisions of Section 3G(5) of 1956 Act and the Arbitration & Conciliation Act, 1996, as provided under the 1956 Act itself under Section 3G(6). Though the notifications dated 15.01.2021 (Annexure P17) and 19.03.2021 (Annexure P-18) issued by the Central Government, whereby retired IAS officers had been appointed as Arbitrators, is also subject matter of challenge but at the outset, it can be recorded that the said issue was neither pressed nor argued and therefore, this Court is not proceeding to decide the same and would rather adjudicate upon the limited arguments raised and pressed.

4. For appreciation of the issue in question, the factual matrix, thus, necessarily has to be thrashed out that whether respondent No.5 is competent to revise, review or alter the award and the manner in which it was done. The revised award No.49dated 27.05.2021(Annexure P-13) and the corrigendum award No.49 dated 27.05.2021 (Annexure P-16) are, thus, subject matter of question and the affect of revision is that vide the initial award dated 27.05.2021 (Annexure P-11) for the land falling in Village Dhogri, Tehsil & District Jalandhar, the total compensation had been assessed @ Rs.32,58,61,722/-, which has now been scaled down to Rs.17,24,58,035/-.

5. The question that thus arises for consideration is whether respondent No.5 had any jurisdiction to correct the award or alter/review it, which apparently is a settled position of law, as per various judgments of the other High Courts. The petitioners are stated to be co-owners of the land situated at Village Dhogri, Hadbast No.164 Tehsil & District Jalandhar, the details of which have been given in para no.2 which is stated to be situated on the Jalandhar-Pathankot Highway and included in the Masterplan of Jalandhar (Annexure P-3) and therefore, having great potential of commercial value and some portion falling in industrial zone and some portion falling in residential zone. As per the pleadings, the land fell in the vicinity of various commercial complexes and establishments, colonies, marriage palaces, hospitals, schools, resorts etc. and the photographs have been appended in respect of the construction raised and establishment of industrial units etc.

6. The notification dated 22.12.2020 (Annexure P-6) was issued by the Central Government, through the Ministry of Road Transport & Highways (MORTH) under Section 3A (1) of the 1956 Act for building (widening/two lane with paved shoulder/four laning etc.) maintenance, management and operation of Jalandhar Ring Road (Jalandhar Bypass) in the stretch of land from KM0 to K.15.5 in District Jalandhar. The notification in question is for 2 villages i.e. Dhogri and Raipur Rasulpur. Resultantly, objections were submitted by the petitioners under Section 3C of the1956 Act on 12.01.2021 (Annexure P-7) wherein it was highlighted that the land f