Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
ARUN R.PEDNEKER, VAISHALI PATIL – JADHAV
Keshav S/o Rajaram Khairnar – Appellant
Versus
State of Maharashtra Through Collector, Dhule – Respondent
| Table of Content |
|---|
| 1. land acquisition for nh; initial award modified by corrigendum. (Para 1 , 2 , 3 , 4) |
| 2. dispute over post-award modification jurisdiction. (Para 5 , 6) |
| 3. competent authority functus officio post award; no correction. (Para 7 , 8 , 9) |
| 4. supplementary award only for undetermined land portions. (Para 10) |
| 5. modified award invalid; petition dismissed, pursue arbitration. (Para 11 , 12 , 13 , 14) |
JUDGMENT :
Vaishali Patil – Jadhav, J.
1. Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2. By this petition filed under Article 226 of the Constitution of India, the petitioners have prayed for a writ of mandamus directing the respondent no.2 to pay to the petitioners the amount of Rs.18,34,221/- as per the modified/additional award passed on 14.08.2017 by respondent no.3 - Competent Authority for acquisition of petitioners' land for National Highway.
3. Some of the relevant facts for the purpose of deciding this petition are as under :-
Land block no.188/1 admeasuring 00 H 41 R is owned by petitioner nos.1 and 2, block no.188/2 admeasuring 00 H 42 R is owned by petitioner nos.3 and 4 and block no.188/3 admeasuring 00 H 41 R is owned by petit
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
The Competent Authority under the National Highways Act, 1956, does not possess the power to issue supplementary awards that alter previously determined compensation amounts.
The court ruled that the Special Land Acquisition Officer had no jurisdiction to modify a compensation award once issued, affirming the principle that administrative instructions cannot alter a quasi....
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
