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DIPANKAR DATTA, VIBHA KANKANWADI
Syed Azizuddin Hyder S/o. Syed Basheeruddin Hyder – Appellant
Versus
State of Maharashtra, Through Collector, Aurangabad – Respondent
JUDGMENT :
Vibha Kankanwadi, J.
1. Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.
2. The petitioner seeks direction to the respondents to pass Award as per chart/statement prepared by the Superintendent of Land Records, Aurangabad and to pay compensation for the excess land acquired under the National Highways Act, 1956 (hereinafter referred to as, “the Act”).
3. The petitioner is the owner and possessor of 53 R land out of Gat No.109 situated at Chitte Pimpalgaon, Tq. & Dist. Aurangabad. He had become the owner by purchase and thereafter the respondents had acquired 940 sq. mtrs. of the said land. Petitioner contends that he received a notice for collecting compensation of the amount in the month of October, 2017 and thereupon realized that his land has been acquired. It has been categorically stated that the petitioner had no knowledge about the acquisition prior to that date and he was normally residing in Mumbai for the purpose of education and thereafter private service. He had no knowledge in respect of the Joint Measurement, which was carried out in August, 2017. Thereafter, he received the said notice regarding the compensatio
The court emphasized the importance of the competent authority following the statutory functions under the National Highways Act, 1956, and upheld the petitioner's entitlement to rightful compensatio....
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
Section 3G of National Highways Act, 1956 provided for procedure for determination of amount payable as compensation.
when the suit is pending before the competent Civil Court, the rights can be crystallized only by the competent Civil Court not by this Court under Article 226 of the Constitution of India
Point of Law : It is a settled principle of interpretation of statute that the provisions of any statute are to be interpreted to give effect to each of them to the extent possible without giving any....
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
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