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ARUN R. PEDNEKER
National Highways Authority of India, Project Implementation Unit – Appellant
Versus
Champalal Najlya Pawara – Respondent
JUDGMENT :
Arun R. Pedneker, J.
1. The question of law involved in the present Writ Petitions is noted below :
Whether the interest payable on the enhanced compensation granted by the Arbitrator under the National Highways Act, 1956 would be from the date of taking physical possession under Section 3-D (i.e. after payment of compensation under Section 3-G) or would be from the date of Notification under Section 3-D of the National Highways Act, 1956 till the date of deposit thereof?
Brief facts leading to filing the present Writ Petitions are summarized as under :
2. The land of the claimants were acquired from Shirpur Taluka, District Dhule for the purpose of widening of National Highway No.3 by the Government of India through the National Highways Authority of India vide Notification under Section 3-A bearing S.O.No. 1894 (A), dated 17.08.2012 under Section 3 -A of the National Highways Act, 1956 [for short ‘the N.H.Act’].
3. In pursuance of the above Notification, the joint measurement survey was carried out. Notification under Section 3-D of the N.H.Act came to be published vide Notification S.O. No.2136 (A) dated 10.07.2013. The award was determined by the Competent Authority for La
Interest on enhanced compensation under the National Highways Act is payable from the date of notification under Section 3-D, affirming the government's immediate vesting of land.
Acquisition of land under Section 3-D of the National Highways Act extinguishes the owner's rights upon notification, and related lease agreements become void.
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
Lapse of land acquisition proceeding – After acquisition of land and passing of award, land vests in State free from all encumbrances – Vesting of land with State is with possession – Any person reta....
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