IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU &

HON'BLE SHRI JUSTICE VINAY SARAF st ON THE 1 OF FEBRUARY, 2024 WRIT PETITION No. 10762 of 2022 BETWEEN:-

ANIL KUMAR MISHRA S/O SHRI ONKAR PRASAD MISHRA, AGED ABOUT 47 YEARS, OCCUPATION: BUSINESS VILLAGE GATAKHEDA P.O. HEERAPUR KODIYA, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH)

.....PETITIONER (BY SHRI YOGESH KUMAR CHOURASIA-ADVOCATE)

AND

1. UNION OF INDIA THROUGH ITS SECRETARY OF MINISTRY OF ROAD TANSPORT AND HIGHWAY PARIVAHAN BHAWAN 1 PARIVAHAN BHAWAN, 1 PARLIYAMENT STREET NEW DELHI (DELHI)

2. NATIONAL HIGHWAY AUTHORITY OF INDIA (LAND ACQUISITION NH7) INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS THORUGH ITS CHAIRMAN G-5 AND 6 SECTOR 10 SWARKA NEW DELHI (DELHI)

3. THE PROJECT DIRECTOR NATIONAL HIGHWAY NO. 7 P.K.J JABALPUR M.P. (MADHYA PRADESH)

4. COMPETENT AUTHORITY CUM LAND ACQUISITION OFFICER (S.D.O) KATNI TEHSIL DISTRICT KATNI M.P (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI VIKRAM SINGH-ADVOCATE FOR RESPONDENT NO.1 & SHRI SUYASH THAKUR- GOVT. ADVOCATE)

This petition coming on for admission this day, Justice Vinay Saraf Signature Not Verified passed the following:

ORDER

With the consent of parties, the matter is heard finally.

2. The petitioner has approached to this Court under Article 226 of the Constitution of India with a prayer to direct the concerned authority to pay amount of Rs.17,81,000/- to petitioner with interest of @12% per annum in lieu of acquisition of structure owned by petitioner situated over acquired land bearing survey no.13/3 of Village Madanpura, P.H. No.12, Tahsil and District, Katni.

3. The precise facts of the case are that the respondent no.4/competent authority i.e. SDO, Katni on 3.7.2013 determined compensation amount payable to petitioner in lieu of acquisition of land owned by petitioner at the instance of respondent no.2/National Highway Authority of India for the purpose of widening of National Highway No.7 from Kms 350.000 to Kms 380.600 under Section 3G of the National Highway Act, 1956 (herein after referred to 'NH Act'). However at the time of determining compensation amount, no amount was determined by competent authority towards RCC structure, shops and bore well which were in existence over the acquired land.

4. Petitioner after having knowledge of said proceedings approached to competent authority and moved an application for determining compensation amount for structure in existence over the land acquired. After receipt of said application, competent authority ordered to verify the availability of structure, its nature, value by carrying out inspection, survey, measurement of the land in question. It is not in dispute that original survey report, punchnama and spot map also, it was duly mentioned that RCC structure and shops admeasuring 12.50 x 7.50 mtr. were constructed over the land., however, at the time of Signature Not Verified determining the compensation, the same was not taken into consideration. SDO, Public Works Department, Sub Division No.1, Katni confirmed existence of structure, bore well and Dhaba over the subjected land and valued to the tune of Rs.17.81 lacs. A detailed valuation report was prepared and submitted before competent authority and competent authority on the basis of said survey and valuation report issued an order no.2307/Bhu Arzan/2019 dated 15.7.2019 directing Project Director to pay compensation of Rs.17.81 lacs to petitioner towards permanent RCC structure and bore well. Amount determined by competent authority has not been paid by NHA.

5. National Highway Authority of India (land acquisition NH 7) replied to competent authority that amount determined for acquisition of land has already been deposited in the office of competent authority and same may be disbursed as per provisions of National Highways Act. NHA submitted that earlier valuation of structure and bore well was done to the tune of Rs.450279/- but the same was left out from the original award. NHA expressed its willing