SANGEET LODHA, J. - (1.) These intra-court appeals are directed against judgment dated 11.4.18 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the respondent assailing the award dated 3.6.16 passed by the Competent Authority (Land Acquisition) and Sub Divisional Officer, Girwa, Udaipur,( referred as 'Competent Authority' hereinafter) have been allowed and the appellants have been held liable for payment of compensation to the respondents towards the value of the land as also for demolition of structures raised thereon, in light of a communication dated 16.11.15 of the Competent Authority addressed to Project Director, National Highway Authority of India ('NHAI').
(2.) The facts relevant are that the respondent no.1 in both the appeals, Amar Marbles Private Limited and Aman Marbles Private Limited (referred to as "respondents" hereinafter) were allotted the land ad measuring 1.05 hectare each comprising Araji No.2810/1044 in the Village-Amberi, Tehsil-Girwa, District Udaipur, by the State Government, for establishing an industry, vide order dated 29.6.88. The possession of the land was handed over to the respondents on 9.8.88 and the lands were duly entered in the revenue record in their names. The lease deeds were executed on behalf of the State Government in favour of the respondents on 17.7.89. The lands allotted were barren, which were developed by the respondents and a marble industry was established thereon.
(3.) The respondent no.2-Union of India, issued a notification dated 7.11.14 under Section 3A of the National Highways Act, 1956 ('the Act') for acquisition of the land for the purpose of construction (widening/four laning), maintenance, management, operation of National Highway No.8 in the stretch of KM 245.000 and KM 260.100 (Gomati Chauraha-Udaipur Section) in District Udaipur of Rajasthan. As per the notification inter alia the lands belonging to the respondents were shown as the lands of category "private" and of nature "industry".;