C A V Judgment

Parth Prateem Sahu, Judge

1. Challenge in this appeal is to the order dated 21.09.2020 passed by the learned Single Judge in batch of writ petitions whereby the petitioners therein have sought for relief of compensation and alternative shops as rehabilitation measure along with quashment of the impugned eviction notice dated 07.02.2019 of petitioners therein from the alleged leasehold shops, which came to be dismissed. Out of total 19 petitioners in five different writ petitions, only one writ petitioner has filed this appeal challenging the impugned order.

2. Facts relevant for disposal of this appeal are that, the appellant along with 18 other petitioners have been allotted shops situated at Vyavasayik Parisar, Beltara on auction conducted by Gram Panchayat Beltara. The shops were situated over the land in possession of Gram Panchayat on Khasra No.1025/1/ka. After becoming successful in an auction proceeding, appellant along with other petitioners have entered into agreement and shops have been handed over to them for a period of three years on lease. The respondent No.3 acquired the land on which commercial complex is constructed. In the said commercial complex, shops of the appellants are situated, but they have not been given any compensation nor rehabilitated. The appellant along with other petitioners have raised grievance/objection before the Sub Divisional Officer (Revenue) on 31.03.2018 for not determining compensation in their favour, because the land over which shops are constructed by Gram Panchayat, Beltara, and possessed by petitioners has been acquired by respondent No.3 through respondent No.2. On the date of acquisition of land by respondent No.3, appellant along with other petitioners were in possession of the shops and doing their business. After completion of acquisition proceeding, eviction notice has been issued to the appellant along with other petitioners therein, which made the appellant along with other petitioners to rush this Court by filing different writ petitions. The ground raised in writ petitions was that land acquisition proceeding initiated under the provisions of National Highways Act, 1956 (henceforth 'Act of 1956') provides for determination of amount of compensation even for the right of user of the land acquired. The respondent authorities have not considered that on the date of initiation of land acquisition proceeding and its finalization, appellant along with other petitioners were doing the business on the leased shops and were occupants. The appellant in his Writ Petition (C) No.592 of 2019 has sought for following reliefs :

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relation to the case of the petitioners from the possession of respondents for its kind perusal.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ or writs/order or orders to direct the competent authority to determine the amount of compensation with respect to petitioners within a period of one month.

10.3 That, this Hon'ble Court may direct the respondent authorities to provide alternative shops as a rehabilitation measure to the petitioners.

10.4 That, this Hon'ble Court may kindly be pleased to quash the impugned eviction notice dated 07.02.2019 being arbitrary, unreasonable and contrary to law.

10.5 That, this Hon'ble Court may direct the respondent authorities to restrain from paying any amount of compensation to Gram Panchayat, Beltara till the compensation with respect to petitioners is determined or in alternative direct the Gram Panchayat, Beltara to refund such amount of compensation to petitioners as determined by the competent authority.

10.6 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

3. Respondents No.3 and 4 submitted reply to writ