Is it lawfull for any other authority to pass award for land acquisition.
Our land is being acquired in western freight corridor for construction of a railway overbridge as per railways act. The SDM (sub divisional magisterarte) was notified as the compentent authority in the official gazette by the ministry of railways. No SIA study was done prior to publishing of 20 A notification. 20 A notification was issued on 03.01.2018 and within one year 20 E notification was also issued on date 03.01.2019. The 20 E notification was about to expire on 03.01.2020. since the date of expiration of 20 E notification was nearing and no award was being made by the notified authority (SDM), the railways approached high court and high court gave the order to the state government (SDM), to make award before expiry of the said notification. But as the post of SDM was vacant due to transfer the collector urged the state government 3 times in written to appoint a new SDM citing the high court order. But no SDM was appointed. Then the collector urged the state governent to notify the tehsildar as the compentant authority for land acquisitioon. but there was no response from the state government. The award was passed on 31.12.2019 by the tehsildar who was given the additional charge of the SDM by the collector.
We the land loosers and also the railways have approached the high court stating that the award was unlawful as it was not passed by the compentant authority notified in the official gazette.
Also there are many loop holes in the award as follows :-
1. No SIA study done before 20 A notification
2. Our land was notified as commercial land in 20A and 20 E notification and award was passed for agriculture land.
3. Award for our hotel structure was not passed in the award as the value of structure was not provided by PWD.
4. Due to construction of ROB our land was split in two halves and we raised objection to acquire our whole land other than the notified land. The then SDM agreed and recorded in writing to also acquire the remaining land and award compensation for remaining land also. But while passing of the award no compensation passed for remaining land.