SANDEEP MEHTA,J. - (1.) Heard learned counsel for the parties and perused the material available on record.
(2.) By way of this writ petition, the petitioners herein have approached this court for directing the respondent Land Acquisition Officer to release the compensation for their land acquired by the respondent National Highway Authority of India for the purpose of construction of the National Highway 8 in tune with the award dated 16.11.2015.
(3.) The petitioners claim to have purchased industrial plots of land in the Village Amberi, Tehsil Girwa, District Udaipur in the year 1988 and developed the same and set up marble units thereupon. The notification for acquisition of the land was issued on 07.11.2014 under section 3A of the National Highways Act, as per which 0.1250 hectares of lands owned by each of the petitioners in Survey Nos.2811/1044 and 2810/1044 respectively were notified for acquisition and the description thereof was clearly mentioned as private industrial land. An assessment was made by the Land Acquisition Officer and vide intimation dated 16.11.2015, rate of the industrial lands located adjacent to the road was evaluated at Rs. 1601/- per square feet. The lands acquired from both the petitioners were evaluated for compensation to the tune of Rs. 5,63,32,687/- and Rs. 5,63,32,686/- respectively. However, while passing the final award on 03.06.2016, the Land Acquisition Officer did not account for compensation towards acquisition of lands of the petitioners and instead, compensation has been only awarded for the structures raised on the disputed chunks of land. The petitioners have, thus, approached this court by way of these writ petitions seeking to assail the action of the respondent Land Acquisition Officer in not considering and compensating the value of the land acquired while issuing the questioned award Annex.8 dated 03.06.2016.;