ASHOK BHUSHAN, J. - (1.) HEARD Sr R.K. Singh, learned Counsel for the petitioner, Sri D.K. Gupta, learned Counsel appearing for the respondents no. 5 to 12 and Smt. Archna Srivastava, learned Standing Counsel appearing for the State respondents. Counter affidavit and rejoinderaffidavit have been exchanged between the parties and with the consent of learned counsel for the parties, the writ petition is being finally decided.
(2.) THIS writ petition has been filed by the National Highways Authority of India and its Project Director challenging the order dated 12.9.2011, passed by the competent authority/Special Land Acquisition Officer, Jhansi by which order, the National Highways Authority of India has been directed to make payment of the amount to the private respondents as per measurement valuation report of National Highways Authority for structures belonging to private respondents situated on the Government land. Brief facts as emerged from pleadings of the parties are; a notification dated 3.5.2005 under section 3A of the National Highways Act, 1956 (hereinafter referred to as '1956 Act') declaring its intention to acquire land situate in three villages including village Simraudha of district Jhansi for construction of bypass, widening, maintenance and management of National Highway-75 84 km-103 km. (Gwalior Jhansi Section) was issued. The notification included plot No. 788 which was recorded in the name of Indian Grass Land and Forestry Research Institute and plot no. 790 which was recorded in the name of National Research Centre for Agro Forestry. Declaration dated 5.7.2007 was issued under section 3-D of the 1956 Act for acquisition of land which included the aforesaid plots No. 788 and 790.
(3.) THE award was passed by the Special Land Acquisition Officer on 29.7.2008 granting compensation under section 3-G of the 1956 Act to the persons entitled for the compensation. The respondents no. 5 to 12 have their constructions situated on plot nos. 788 and 790. They opposed the attempt of the administration to evict them from acquired land. The respondents no. 5 to 12 also claimed compensation for their constructions situate in the aforesaid plots. A letter dated 20.8.2009 was issued by the Project Director, National Highways Authority of India Gwalior, Madhya Pradesh to the competent Authority, Special Land Acquisition Officer, Jhansi remitting the compensation amount towards Government structures situated in village Simradha. A demand draft dated 20.8.2009 for an amount of Rs. 34,25,066.71 was sent by the Project Director, National Highways Authority of India to the competent Authority.;