- (1.) SINCE these writ petitions are identical and raise similar question of facts and law, they are being decided by a common order. However, writ petition No.5872/2012 is being taken as a lead case and facts relevant thereto being adverted to.
(2.) LEARNED Senior Counsel Mr. R.N. Mathur appearing on behalf of the petitioners submits that the petitioners are abandoning the challenge to the award in respect of their land acquired by the National Highway Authority of India. It has however been submitted that the amount as determined by the competent authority under Section 3G (1) of the National Highways Act, 1956 (herein after the `1956 Act') be paid to petitioners prior to their dispossession. It is submitted that the National Highway Authority is trying to dispossess the petitioners without payment of the compensation determined by the competent authority. It is submitted that after receipt of the compensation as determined by the competent authority, the petitioners if dissatisfied with the compensation would still be free to take proceedings for enhancement of compensation in accordance with law. Counsel for respondents NHAI Mr. Gathala would however submit that under the scheme of Sections 3G and 3H of the 1956 Act even though in the first instance the award amount for the land acquired would be determined by the competent authority, yet in the event of any dispute by either party to the award, the award amount is not be deposited or disbursed until its re-determination under Section 3G (5) of the 1956 Act by the arbitrator. He submits that in the instant case the National Highway Authority of India has deposited the amount of compensation determined by the competent authority and the matter is under consideration of the Arbitrator under Section 3G (5) of the 1956 Act. Learned counsel for the petitioners then submitted that until the award amount is determined by the Arbitrator under Section 3G (5) of the 1956 Act and the amount deposited and disbursed to the petitioners, the petitioners should not be dispossessed of their land purported acquired. Having heard learned counsel for the parties, and perused the material available on record of writ petitions, I would dispose of the writ petitions with the direction to the Arbitrator before whom the proceedings are pending under Section 3G(5) of the 1956 Act, at the instance of National Highway Authority to determine the amount payable to petitioners for their land acquired after hearing both the parties. The determination by the Arbitrator be made in six weeks from the date of furnishing of a certified copy of this order. It is made clear that till the amount is determined by the Arbitrator and deposited with the competent authority under Section 3H(1) of the 1956 Act and thereafter disbursed to the petitioners, the petitioners shall not be dispossessed from their land in question. The writ petitions No.5872/2012, 5873/2012, 5874/2012 and 5817/2012 shall stand disposed of accordingly.
(3.) STAY applications also stand disposed of.;