Back
SANJAY K. AGRAWAL, SANJAY KUMAR JAISWAL
Rupanadham Steel Pvt. Ltd. , Through its Authorised Signatory Shri Pawan Kumar Agrawal – Appellant
Versus
National Highway Authority of India, Through its Chief Engineer, Public Works Department – Respondent
JUDGMENT :
Sanjay K. Agrawal, J.
1. The appellant herein calls in question legality, validity and correctness of the judgment & order dated 11-2-2020 passed by the learned Single Judge in W.P.(C)No.595/2020 by which the appellant’s writ petition has been dismissed holding that once the amount of compensation has been disbursed, the Sub-Divisional Officer/Land Acquisition Officer becomes functus officio and liberty has been reserved in favour of the appellant to take appropriate remedies available to him for recovery of the said amount from respondent No.3, in accordance with law.
2. Mr. Ashish Surana, learned counsel appearing for the appellant, submits that once the dispute is raised by the appellant in light of Section 3H(4) of the National Highways Act, 1956 (for short, ‘the NH Act’), it was incumbent on the part of the competent authority/respondent No.2 i.e. Sub-Divisional Officer (Revenue)/Land Acquisition Officer to refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated for deciding the issue, but the competent authority itself could not have decided the issue holding that the appell
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The main legal principle established in the judgment is that disputes regarding apportionment of compensation under the National Highways Act should be referred to the principal civil court of origin....
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....
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
Section 3(H)(4) of the National Highways Act, 1956 enables any person interested in the compensation to file an application with the competent authority to forward the dispute to the Principal Civil ....
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
