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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. DESAI, A.P. THAKER, JJ.
Chhanabhai Bhanabhai Kalotra – Petitioner
Versus
The Competent Authority National Highway Authority of India – Respondent
Special Civil Application No. 9182 of 2020
Decided On : 02-07-2021
National Highways Act - Section 3-H - Claim compensation - Quash - Petitioner that name of petitioner was mutated in revenue record as far as land bearing Survey is concerned- It is further case of petitioner that he was in possession of entire land- Out of said land petitioner converted land admeasuring into non-agricultural use and he is running factory on said land- In another parcel of land admeasuring was acquired by respondent authority for construction of national highway and accordingly compensation was paid to petitioner –
Finding of the Court: Court of original jurisdiction when dispute arises not only for apportionment of amount or any part thereof or to whom same it to be paid and therefore in our view respondent authority should have refer case to competent Civil Court and ought not to have paid amount to respondent - Court are of opinion that when civil suit is already filed at instance of petitioner and objections were raised by him matter is required Court would not like to accept said relief as on several grounds including that amount has been disbursed to number of legal heirs of original land owner way back suit for declaration has been filed by petitioner claiming rights over entire property in year relying upon sale-deed after a period - Hence court are of opinion that petition requires consideration and accordingly same is allowed in part order passed by respondent is hereby quashed and set aside authority is hereby directed to refer case to competent Civil Court Section Act at earliest- Rule made absolute to aforesaid extent
Result: Order accordingly
JUDGMENT :
A.J. DESAI, J.
1. By way of present petition filed under Articles 14, 19, 21 and 226 of the Constitution of India, the petitioner, by challenging the order dated 01.07.2020 passed by the Competent Authority, National Highway Authority of India and Deputy Collector appointed under the National Highways Act, 1956 (hereinafter referred to as ‘the Act’ for short), has prayed as under:
(B) pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct respondent No. 1 to recover the amount of Rs. 1,13,85,138/- which is already disbursed vide order dated 01.07.2020 and to deposit the same before the court of learned Principal Senior Civil Judge, Mahuva, Bhavnagar in Special Civil Suit No. 9/2018 till the dispute of tile is decided between the parties.
(C) to pass such other and further order/s as may be just and necessary in the circumstances of the case.”
2. In response to the notice issued by this Court, the respondents including the private respondent have appeared through the learned advocate. Respondent No. 2 has filed affidavit-in-reply dated 08.09.2020 and has opposed ground of any reliefs, as prayed for.
3. Case put forward by the petitioner in this petition is as under:
3.2. When the petitioner found that there is some mistakes in mentioning the measurement of the land in the sale-deed executed in the year 2007. He filed Special Civil Suit No. 9 of 2018 in the Court of learned Principal Senior Civil Judge, Mahuva and prayed for decree of declaration that he had purchased the entire land admeasuring 7344 sq. mtrs. He has also prayed for specific performance against the private respondent to execute additional and/or supplementary sale-deed with regard to the remaining land admeasuring 1173 sq. mtrs. The said suit is pending before the concerned Court.
3.3. It is the case of the petitioner that as far as Notification under Section 3(A) of the Act came to be issued by the respondent-competent authority on 09.01.2014, which was published in the newspaper on 28.01.2014. Thereafter, Notification under
when the suit is pending before the competent Civil Court, the rights can be crystallized only by the competent Civil Court not by this Court under Article 226 of the Constitution of India
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
Section 3G of National Highways Act, 1956 provided for procedure for determination of amount payable as compensation.
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....
Point of Law - Section 3-H (4) of the National Highways Act, 1956, if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereo....
The court emphasized the importance of the competent authority following the statutory functions under the National Highways Act, 1956, and upheld the petitioner's entitlement to rightful compensatio....
If sub-section (2) of Section 3H of the Act of 1956 is looked into, the jurisdiction of the competent authority is nothing but to pay the compensation to the person or persons entitled thereto.
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