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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MILIND N.JADHAV
Mumbai Nasik Express Way Limited – Appellant
Versus
Trambak Parbat Chavan – Respondent
| Table of Content |
|---|
| 1. determination of land acquisition vesting under section 3-d. (Para 2 , 3) |
| 2. defendant argues for extinguishment of owner's rights post-acquisition. (Para 4) |
| 3. plaintiff contests possession and compensation claims post-acquisition. (Para 5) |
| 4. court's analysis of evidence and agreement on lease termination. (Para 6 , 7 , 10 , 11 , 14) |
| 5. clarification on the effects of section 3-d on ownership rights. (Para 15) |
| 6. final judgment upheld, trial court's decision confirmed. (Para 16 , 17) |
JUDGMENT :
MILIND N. JADHAV, J.
1. Heard Mr. Chamboowala, learned Advocate for Applicant and Mr. Deshmukh, learned Advocate for Respondent.
2. The principal question for determination in the present Second Appeal raised by Appellant is :- "Whether on the date of publication of declaration / notification under Section 3 -D of the National Highways Act, 1956 (for short "the said Act") the land acquired would vest in the Central Government from all encumbrances and completely extinguish the right of the owner of the said land. Once this question is answered all other consequential issues, inter alia, relating to possession, receipt of compensation will stand answered accordingly.
3. Some brie
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.
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.
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
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....
A tenant remains liable to pay rent until actual surrender of the premises, despite transfer of ownership through acquisition notifications under the National Highways Act.
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