139 IN THE HIGH COURT OF PUNJAB AND POONAM RANI NATIONAL HIGHWAYS AUTHROITY OF INDIA AND OTHERS CORAM: HON'BLE MR. JUSTICE Present: Mr. Mr. Vikas Chatrath, Advocate for respondent Nos.1 and 2. Mr. Athar Ahmed, D HARKESH MANUJA The short grouse raised in the present petition is for issuance of directions at the instance of respondents for release of compensation in terms of 24.02.2021 against acquisition of situated within the revenue estate of village Gobindgarh, Tehsil Abhor, District Fazilka. 2. Briefly stating, vide notification dated 04.03.2020, issued under Section 3A notification dated 23.11.2020 measuring 1 kanal and 7 marla 172//5 situated Abohar, District Fazilka came to be acquired along with some other land for the purposes IN THE HIGH COURT OF PUNJAB AND CHANDIGARH Date of Decision: POONAM RANI Versus NATIONAL HIGHWAYS AUTHROITY OF INDIA AND OTHERS HON'BLE MR. JUSTICE HARKESH MANUJA Mr. C.M. Munjal, Advocate for the Mr. Vikas Chatrath, Advocate for respondent Nos.1 and 2. Mr. Athar Ahmed, DAG, Punjab. **** HARKESH MANUJA, J. (ORAL) The short grouse raised in the present petition is for issuance of directions at the instance of respondents for release of compensation in terms of 24.02.2021 against acquisition of land measuring situated within the revenue estate of village Gobindgarh, Tehsil Abhor, District Fazilka. Briefly stating, vide notification dated 04.03.2020, issued under Section 3A( ) of National Highways Act, notification dated 23.11.2020 issued under Section 3D thereof measuring 1 kanal and 7 marlas forming part of khasra No.172//4/2 and situated within the revenue estate of village Gobindgarh, Tehsil , District Fazilka came to be acquired along with some other land the purposes of widening of existing two IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21563-2023 Date of Decision: September 01, 2025 ........Petitioner NATIONAL HIGHWAYS AUTHROITY OF INDIA AND OTHERS ........Respondents HARKESH MANUJA Advocate for the petitioner. Mr. Vikas Chatrath, Advocate for respondent Nos.1 and 2. AG, Punjab. The short grouse raised in the present petition is for issuance of directions at the instance of petitioner-landowner to the respondents for release of compensation in terms of the award dated land measuring 1 kanal and 7 marlas, situated within the revenue estate of village Gobindgarh, Tehsil Abhor, Briefly stating, vide notification dated 04.03.2020, issued of National Highways Act, 1956 followed by issued under Section 3D thereof, land s forming part of khasra No.172//4/2 and revenue estate of village Gobindgarh, Tehsil , District Fazilka came to be acquired along with some other land two lane Section of Malout- 2023 September 01, 2025 The short grouse raised in the present petition is for the award dated , situated within the revenue estate of village Gobindgarh, Tehsil Abhor, Briefly stating, vide notification dated 04.03.2020, issued followed by land s forming part of khasra No.172//4/2 and revenue estate of village Gobindgarh, Tehsil , District Fazilka came to be acquired along with some other land TEJWINDER SINGH 2025.09.05 07:00 I agree to specified portions of this document CWP-21563-2023 -2- Abohar Sadhuwali Section of National Highway 07 and National Highway 62. On account of certain clerical errors in the revenue record, the aforementioned land owned by the petitioner was somehow been shown in the name of Government consequently, such error remained replicated in the notifications dated 04.03.2020 and 23.11.2020 besides even in the award dated 24.02.2021 passed under Section 3G(5) of National Highways Act,1956. 3. On coming to know the factum of the aforesaid acquisition proceedings, the petitioner immediately approached respondent No.3 and upon verification, it was found that the land was owned by the petitioners and not by the Government. The factum of ownership of the petitioners over the land in question was even admitted by the State in their written statement in para No.8 which has been extracted hereunder: “That it is submitted that the revenue department has checked the recevnue record pertaining to the land in question and it has been found that the petitioner continues to be owner of the land in question since dated 29.08.2016 and the question that the Govt. is the owner of the land in question, does not arise.” 4. Even a report about the ownership of the petitioner over the two khasra numbers was also obtained by the office of Tehsildar, Abohar, from the concerned Patwari vide communication dated 07.02.2023 (Annexure P-5, Page 42). Moreover, vide Annexure P-6, page 43), respondent No.3 informed the National Highways Authority about the corrections made in the name of the petitioner with respect to the aforementioned two khasra numbers and even claimed the TEJWINDER SINGH 2025.09.05 07:00 I agree to specified portions of this document CWP-21563-2023 -3- the amount of compensation in terms thereof from the National Highway Authorities vide communication dated 25.03.2022 (Annexure P-7, Page 44), however, the needful has not been done and on the contrary, the respondent-National Highway Authority vide order dated 24.08.2023 (Annexure P-12, Page 56) has not accepted the change of ownership qua the subject land from the Government to private ownership i.e. in the name of petitioner. 5. Having heard learned counsel for the parties and gone through the paper book, once the land forming part of the 2 khasra Nos174//4/2 and 174//5 have been recorded in the name of petitioner and his ownership has been admitted by State Government, it does not lie in the mouth of National Highways Authority to reject the claim of the petitioner towards compensation against acquisition of 1 kanal and 7 marls of land forming part of the aforementioned two khasra numbers by taking advantage of the previous incorrect revenue entries. 6. In such circumstances, order dated 24.08.2023 (Annexure P-12) is quashed and respondent Nos.1 and 2 are directed to release the amount of compensation due towards the petitioner against acquisition of her land measuring 1 kanal and 7 marlas forming part of two khasra numbers situated within revenue estate of Village Gobindgarh, Tehsil Abohar, District Fazilka in terms of award dated 24.02.2021 along with interest thereupon towards the delayed disbursal. Considering the fact that the acquisition in this case commenced in the year 2020, the needful be done within two months TEJWINDER SINGH 2025.09.05 07:00 I agree to specified portions of this document CWP-21563-2023 -4- from today, else, respondent Nos.1 and 2 shall be liable to pay cost of Rs.1,00,000/- to the petitioner. 7. Accordingly, the present petition is disposed of. 01.09.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.09.05 07:00 I agree to specified portions of this document