121 (3 cases)

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (1) Civil Writ Petition No. 2187 of 2018 (O&M)

Date of Decision: 23.04.2026 Amarinder Singh and others .......... Petitioners Versus Union of India and others .......... Respondents (2) Civil Writ Petition No. 2567 of 2018 (O&M)

Swaran Kanta and others .......... Petitioners Versus Union of India and others .......... Respondents AND (3) Civil Writ Petition No. 915 of 2018 (O&M)

Satpal Bhathheja and others .......... Petitioners Versus Union of India and others .......... Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA Present: Mr. Tushar Sharma, Advocate with Mr. Shourya Arora, Advocate for the petitioners (in CWP-2187-2018)

Mr. Karan Gupta, Advocate for the petitioners (in CWP-2567-2018)

Mr. Suvir Sidhu, Advocate with Mr. Satinderpal Singh Dhanesar, Advocate and Mr. Jashandeep Singh Bains, Advocate for the petitioners (in CWP-915-2018)

Mr. Suvir Kumar, Advocate for the respondent(s)-NHAI (in all cases).

Mr. Gunjan Mehta, Additional Advocate General, Punjab for the official respondent(s)-State of Punjab.

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HARKESH MANUJA, J. (ORAL)

This order shall dispose off the present three (03) writ petitions bearing CWP Nos. 2187, 2567 and 915 of 2018, as the same involve common questions of law and facts. For the sake of convenience, the facts are being culled out from CWP No. 2187 of 2018.

[2] In CWP No. 2187 of 2018, prayer has been made for setting aside of:

a) Award dated 18.09.2017 passed by respondent No. 3-

Competent Authority for Land Acquisition, Bathinda (hereinafter referred to as “CALA”), whereby the market value with respect to the acquired land forming part of Village Gill Patti (Urban), Tehsil & District Bathinda, was assessed at the rate of Rs. 2,870/- per square yard for residential area.

b) corrigendum dated 18.09.2017 and c) corrigendum dated 19.09.2017 [3] Briefly stating, some land owned by the petitioners forming part of the revenue estate of Village Gill Patti, Tehsil & District Bathinda was previously acquired vide notifications dated 05.07.2013 & 04.02.2014 issued under Sections 3-A & 3-D of the National Highways Act, 1956 (for short “1956 Act”) respectively for the public purpose, namely “for building (widening / four-laning etc.), maintenance, management and operation of National Highway No. 15, in the stretch of land from Km 265.700 to Km 287.215 (Bhatinda Section) in District Bhatinda”. Award under Section 3G of the 1956 was passed by respondent No. 3/CALA on 07.11.2014 and the market value for the residential nature of the property in Village Gill Patti was assessed at the rate of Rs. 17,851.20/- per square yard.

[4] Later, vide subsequent notification dated 08.09.2016 issued under Section 3-A of the 1956 Act; followed by notification dated 15.02.2017 issued under Section 3-D of the 1956 Act respectively, some more land owned by the petitioners, forming part of the same revenue estate of Village Gill Patti (Urban) which was of residential nature, was acquired for the same public purpose, i.e. “for building (widening / four-laning etc.), maintenance, management and operation of National Highway No. 15, in the stretch of land from Km 265.700 to Km 287.215 (Faridkot-Kotpura- Bathinda including Faridkot-Kotpura Bypass section) in the District of Bhatinda”. The CALA vide award dated 18.09.2017 assessed the market value of residential land at Village Gill Patti at the rate of Rs. 2870/- per square yards. On the same day, a corrigendum was issued making certain corrections in the calculations and thereafter another corrigendum was issued on 19.09.2017 making further corrections.

[5] Dissatisfied with the above award dated 18.09.2017, the petitioners filed the present writ petition(s).

[6] Impugning the aforesaid award dated 18.09.2017, the short and material grouse raised on behalf of the petitioners is that respondent No.3/CALA, while making assessment of compensation, failed to take into consideration the previous award dated 07.11.2014 which related to