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AHSANUDDIN AMANULLAH
National Highway Authority of India – Appellant
Versus
State of Bihar through the Collector, Kaimur at Bhabhua – Respondent
JUDGMENT :
1. The matter has been heard via video conferencing,
2. Heard Mr. S D Sanjay, learned senior counsel along with Mr. Anshay Bahadur Mathur and Ms. Parul Prasad, learned counsel for the petitioner (National Highway Authority of India) and Mr. Raj Kishore Roy, learned GP 18 along with Ms. Prerna Anand, learned AC to GP 18 for the State.
3. The petitioner has moved the Court for the following reliefs:
ii] For a declaration that the nature and classification of land for the purpose of computation of its rate could not have been legally made on presumption and on the letter of the Official of the Government of Bihar but on the basis of the actual use as per the provisions of the statue.
iii] For a declaration that the letter no. 599 dt. 04.12.2015 issued by CALA by which it has informed about the amendment to be made in the original award on the basis of classification of land on presumption of it to be residential, is wholly illegal is liable to be quashed.
iv]
Compensation for land acquisition should be based on actual land usage and not notional fixation by authorities.
The main legal point established in the judgment is the importance of following statutory procedures and respecting the orders of the constitutional courts in land acquisition matters under the Natio....
Section 3G of National Highways Act, 1956 provided for procedure for determination of amount payable as compensation.
The main legal point established is that the Competent Authority for Land Acquisition (CALA) cannot revise the Award without the parties invoking the statutory remedy of appointing an Arbitrator unde....
The main legal point established is that land owners have the right to object under Sec. 3C of the National Highways Act and are entitled to compensation for the utilization of their land for highway....
The court emphasized the importance of providing the affected party with an opportunity to be heard before passing any order prejudicial to their rights, in line with the principles of natural justic....
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