The court ruled that completed acquisitions cannot be reopened or compensated under the Land Acquisition Act, 2013, as finality under the National Highways Act, 1956 was achieved.

ORDER :

1. The petitioner has approached this Court seeking to direct the respondents to consider his representation dated 23.04.2022 and fix compensation in respect of the land acquired under the National Highways Act, 1956 by applying Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein referred to as ‘Act 2013’) and the comprehensive guidelines issued by the Ministry of Road, Transport and Highways (‘MORTH’ for short) dated 28.12.2017.

Brief facts

2. The petitioner’s land measuring 05 guntas in Sy. No. 183/9A1 now 183/12 of Arishinakunte Village, Dasanapura Hobli, Nelamangala Taluk, was acquired for the purpose of widening NH4. The preliminary and the final notifications were issued in 2007, under Sections 3A and 3D of the National Highways Act, 1956 (‘NH Act, 1956’ for short). The competent authority passed an award on 12.12.2007 fixing Rs. 400/- per square feet, which was disbursed on 30.05.2008. Upon arbitration under Section 3G sub-clause (5) of the NH Act, 1956, the amount was enhanced to Rs. 720/- per square feet on 11.09.2018.

3. The petitioner now seeks for reconsideration of compensation under Act, 2013, claiming multiplier benefits, 100% solatium, interest and structural value on the ground that his property was commercially converted.

OBJECTIONS BY NATIONAL HIGHWAY AUTHORITY OF INDIA

4. The respondent Nos. 2 and 3 oppose the petition contending that:

(i) The award and payment was completed in 2007-2008 long before Act, 2013 came into force.

(ii) The Act, 2013 under Section 105 expressly excluded the NH Act, 1956, and it was made applicable only from 01.01.2015 to an extent (First, Second and the Third Schedules), through the Removal of Difficulties Order, 2015.

(iii) The MORTH guidelines of 2017 apply only if the award was passed before 01.01.2015 and full amount of compensation had not been deposited.

(iv) Since compensation and enhanced compensation were already paid, no re-computation is permissible.

(v) The petitioner had a statutory alternative remedy under Section 3G (5) of the NH Act, 1956 for determination of compensation by arbitration and cannot invoke writ jurisdiction to reopen concluded proceedings.

5. Heard the learned Senior Counsel Sri B.V. Shankara Narayana Rao for the petitioner, learned AGA for respondent No.1 and Smt. Shilpa Shah, learned counsel for respondent Nos. 2 and 3.

Contentions of the petitioner

6. Learned Senior Counsel for the petitioner contends that the land acquired under the NH Act, 1956 was commercially converted land with the existing structures, and that the compensation awarded in the year 2007, did not reflect the true market value, nature of the land or value of the structures standing therein. It is further submitted that though the acquisition was initiated prior to the coming into force of the Act, 2013, the petitioner's claim remained pending and incomplete for want of just and fair compensation, and therefore the provisions of 2013, Act ought to be applied. Learned Senior Counsel places reliance on the MORTH guidelines dated 28.12.2017 to contend that where compensation under the NH Act, 1956 was not finally settled in accordance with law, the authorities were obliged to re- compute the compensation by applying the First Schedule of Act, 2013, including multiplier solatium and other statutory benefits of the Act, 2013. It is further contended that denial of benefits available under the Act, 2013 is arbitrary, violative of Article 14 of the Constitution, particularly when similarly situated landowners whose lands were acquired under other statute