2.The petitioner owned property comprised in survey Nos.291/1 and 291/3 and he was issued patta in patta No.571, plot No.73 to an extent of one ground 788 sq.ft. The petitioner was informed by his neighbours that alignment of proposed road is running adjacent to his plot and the neighbouring plots. Therefore, he approached the Special Tahsildar(Land Acquisition), National Highways Department and requested the status of his plot and the proposed road. However, he was informed that the subject land was not included in the acquisition proceedings for the proposed road. On inspection, he found that his plot was encroached and utilised by the first respondent for laying bye pass road. The petitioner was not served with any acquisition proceedings as contemplated under the National Highways Act, 1956. Therefore, he filed petition in WP.No.19343 of 2012 and this Court recorded that the grievance of the petitioner is only initiating action for payment of compensation and nothing further survives for consideration and closed. Thereafter, the petitioner asked for copies of the acquisition proceedings and the same was not considered by the respondents. Therefore, again the petitioner filed writ petition before this Court in WP.No.33696 of 2016 and sought for copies of the acquisition proceedings. However, the writ petition was closed by giving liberty to challenge the award passed under the Land Acquisition Act, 1894 and file fresh writ petition to fix compensation under the new Act i.e. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
