- (1.) Nanak Chand is before this Court assailing the order dated 22.9.2014 passed by the Competent Authority (Special Land Acquisition Officer), National Highways Tribunal, Mathura-respondent no.3 and for direction to the respondent no.3 to refer the dispute regarding apportionment of the amount of compensation to the District Judge, Mathura in terms of Section 3H (4) of the National Highways Act, 1956.
(2.) Record in question reflects that in the year 1979 Shri Tej Singh (father of the petitioner) purchased a part of Gata No.41 situate in revenue village Chhata, District Mathura from Shri Mool Chand. Shri Tej Singh constructed a hotel in the name and style of 'Marwari Bhojnalaya' on the land in question situated alongside of National Highway-2 in Kasba Chhata, District Mathura and was running the hotel in question. Shri Tej Singh has died and after his death, the petitioner is running the hotel in question. The National Highways Authority of India (in short, NHAI) had taken a policy decision to undertake and develop Six-Lane of Delhi - Agra Section of NH-2 from Km. 20.500 to Km. 200 through DBFOT basis under NHDP Phase-V. The NHAI is the Nodal Agency for execution of the said project. Consequently, the Ministry of Road Transport and Highways, Government of India, in exercise of powers conferred by sub clause (a) of Section 3 of the National Highways Act, 1956 (in short, the 1956 Act), published a notification dated 10.8.2009 in official Gazette authorising the Special Land Acquisition Officer, Mathura as the Competent Authority to perform the functions of such authority under the said 1956 Act in respect of the stretch land from KM 93.800 to KM 176.760 of the National Highway No.2 for building (widening/six laning, etc.), maintenance, management and operation of the said National Highway in the State of Uttar Pradesh. The said gazette notification was also published in newspapers namely 'Dainik Jagaran' and 'Hindustan Times' on 26.12.2009 and 25.12.2009 respectively.
(3.) As per Gazette notification, objections were invited under Section 3C of 1956 Act. The land owners of the village in question filed their objections before the Competent Authority and their objections were heard and disposed of by the Competent Authority. Thereafter the Gazette notification under Section 3-G (3) of the 1956 Act was also issued on 25.6.2010. A notice under Section 3-G (3) of 1956 Act was published by the Competent Authority in daily newspapers 'Dainik Jagaran' and 'Hindustan Times' on 5.7.2010, inviting claims from the land owners with respect to determination of the compensation. A short public notice was also published in Hindustan Times (Hindi & English) on 14.12.2012 inviting claims regarding land acquisition from the land owners by the Competent Authority/Special Land Acquisition Officer, Mathura. Thereafter, the Competent Authority invited the claims from the land owners, heard the objections/claims at Tehsil office and in presence of revenue inspector of the concerned village, the said objections/claims were decided by the Competent Authority according to on-spot position, land use, available records etc. Finally, the Competent Authority announced the award under Section 3-G of 1956 Act on 29.7.2013 and determined the compensation for agricultural land @ Rs.1250/- per sqm. and non-agricultural/residential land @ Rs.5000/- per sqm. and 10% additional compensation apart from additional compensation for improvements/constructions over the land.;