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ARAVIND KUMAR, ASHUTOSH J. SHASTRI
Mohmmed Anwar Patel – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Aravind Kumar, J.
1. Heard Mr. S.P. Majmudar, learned counsel appearing for petitioner, Mr. K.M. Antani, learned Assistant Government Pleader appearing for respondent Nos.1, 2, 4, 5 and 6 and Mr. Maulik Nanavati, learned counsel appearing for respondent No.3.
2. Short issue that arises for consideration in this petition is as to whether application of petitioner who sought for payment of compensation ought to have been referred to Civil Court under sub-section (4) of Section 3H of National Highways Act, 1956 or not?
3. Petitioner claiming to be in possession and being owner of land bearing Block No.547 admeasuring 0-77-90 Hectare-Guntha-Are situated in village Dayadra, Taluka and District Bharuch is seeking for payment of compensation of said land which came to be acquired by 3rd respondent for Vadodara-Mumbai Expressway, which had resulted in passing of an award on 27.6.2017 for a sum of Rs.25,05,017/-.
4. An application came to be filed by the petitioner on 20.2.2018 requesting for payment of compensation. It was specifically contended that applicant had remained present during the process of acquisition of said land and had extended his full cooperation for said acquisition a
The central legal point established in the judgment is the exclusive jurisdiction of the Principal Civil Court to resolve disputes regarding the apportionment of compensation under Section 3H(4) of t....
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....
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 ....
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.
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