Mohammad Rafiq, J. - (1.) - Since a common question of law and facts is involved in these writ petitions, therefore, they were heard together and being decided by this common judgment.
(2.) For disposal of this bunch, the facts are taken from Writ Petition No. 5328/2014. Land comprised of Khasra nos. 470 and 471 situated in village Sekhupur, Tehsil and District Dholpur, was acquired by respondent National Highways Authority for widening the National Highway No.3 - Agra-Gwalior section between 51 kilometers to 59 kilometers and for alignment of a loop-line. In the said acquisition, the land of the petitioner was also included. She submitted an application for award of compensation before the Land Acquisition Officer on 22.04.2011 along with factual reports of 'patwari halka' counter signed by Tehsildar concerned. On that application, respondent no.2 - the Competent Authority (Land Acquisition Officer)-cum-Additional District Collector, Dholpur, passed an order dated 23.07.2012 holding the petitioner entitled to get compensation, but, as per petitioner, she was not awarded compensation for her entire acquired land, which occurred due to oversight of the factual report. Thus, the petitioner was deprived of compensation of her complete acquired land. The petitioner was awarded compensation of her acquired land treating the same as residential, whereas the said land is abutting the above National Highway and is located in midst of commercial properties and is of commercial nature. Since the amount of compensation was not acceptable to petitioner, she filed an application under Section 3-G (5) of the National Highways Act, 1956 before the District Collector, Dholpur, who was duly appointed as an Arbitrator by the Central Government for this purpose. In the application, the petitioner alleged that she has not been awarded compensation for the entire acquired land and that while determining the amount of compensation, the authority concerned has treated the land as residential and agricultural. As per the norms of DLC rates, the land falling within 20 feet of the national Highway, should be treated as commercial land and the land falling beyond 20 feet should be treated as residential land. While determining the compensation, the authority concerned did not keep those guidelines Into mind and wrongly determined the compensation. The petitioner should have been awarded compensation for 20 x 30 feet (55.76 square meter) land of khasra no. 471 treating the same as commercial, and compensation for remaining 157.55 square meter land of khasra no. 471 and 38 square meter land of khasra no. 470 be awarded treating the same as residential. The national Highway Authority filed reply to the said application denying the averments made by petitioner. An objection was also raised that application filed by petitioner is time barred having been filed beyond the period of 30 days from the date of computation of amount of compensation and prayed for dismissal of the application filed by the petitioner. Respondent - the District Collector, Dholpur, vide order dated 05.02.2014, dismissed the application filed by petitioner under Section 3-G(5) of the National Highways Act, 1956 (for short, 'the Act of 1956') treating the same as time barred having been filed beyond the period of 30 days as provided under Section 33 of the Arbitration and Conciliation Act, 1996 as well as on merits, hence this bunch of writ petitions.
(3.) Heard learned counsel for the parties and perused the material on record.;