NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT LIMITED Vs. SH. T. ZAHLUTA

JUDGEMENT

(1.) Heard Mr. T. Lalzekima, learned counsel for the appellant/National Highways and Infrastructure Development Corporation Limited (NHIDCL). Also heard Mr. Jonathan L. Sailo, learned counsel for respondent No. 1 (Writ Petitioner), Mr. Jonathan Lalrintluanga, learned counsel for respondent No. 5/Competent Authority for Land Acquisition (CALA), Ms. Caroline K. Lungawipuii, learned Govt. Advocate for respondent Nos. 2 - 4 and Ms. Zairemsangpuii, learned CGC for respondent Nos. 6 and 7.

(2.) The present appeal has put to challenge the impugned Order dtd. 16/11/2023 passed by the learned Single Judge in WP(C) No.104/2023, wherein the learned Single Judge had directed the "Competent Authority for Land Acquisition" (CALA), to make an appropriate assessment of the land value of the writ petitioner's land, which was affected due to construction work alongwith all other statutory benefits and to forward the same to the Union of India and NHIDCL, who was to then deposit the assessed amount for payment to the writ petitioner. The impugned order passed by the learned Single Judge has been challenged, on the ground that the writ petition had been disposed of without giving ample opportunity to the appellants to file affidavit-in-opposition, stating that the land of the writ petitioner was no longer required.

(3.) The writ petitioner's case is that the land of the writ petitioner and others had been acquired for construction of a road. The compensation for the crops and land was given to all the land owners, except the writ petitioner, who was given compensation for crops only. In the assessment for compensation made under Sec. 3G of the National Highways Act, 1956, (hereinafter referred to as the '1956 Act'), no compensation for land value had been assessed in respect of the petit-ioner's land, which was covered by Periodic Patta No. 62/2004, though compensation for land value had been assessed in respect of other land owners, for similar land holdings covered by other Periodic Pattas. A notification was also issued on 10/10/2018 under Sec. 3D (1) of the 1956 Act.