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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SUNITA AGARWAL, D.N.RAY
Bholabhai Ramjibhai Patel Huf – Appellant
Versus
State Of Gujarat – Respondent
| Table of Content |
|---|
| 1. dispute over land ownership and compensation (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. controversy about compensation distribution (Para 8 , 9 , 10 , 15 , 16) |
| 3. court's questioning of procedural validity (Para 11 , 12 , 13 , 14 , 17 , 18) |
| 4. further proceedings scheduled (Para 19 , 20) |
ORDER :
SUNITA AGARWAL, C.J.
1. Having heard learned advocate for the petitioners in the present petition, we may note that in order to inquire into the allegations made herein, the records of Special Civil Application No. 9666 of 2019 and Special Civil Application No. 11961 of 2021 have been summoned. We may note that the present petition has been filed by the purchasers of the land in question, namely the Old Revenue Survey No.528/5 (Block No.961), Village Sherkhi, District Vadodara, admeasuring 1-10-29 hectares from the original owners, who are impleaded as respondent Nos.5 to 14 herein, vide registered sale deed bearing No.9272 dated 15.09.2005. The contention of the petitioners herein is that the petitioners are rightful owners of the land in question to whom possession was delivered with the registration of the sale deed in the office of the Sub-Registrar, Vadodara-Gorwa.
2. However, the ori
Disbursement of compensation under contested land ownership violates statutory provisions; authorities must ensure compliance amidst ongoing litigation involving ownership disputes.
The competent authority must consider all claims and provide hearings to all relevant parties before disbursing compensation; failure to do so renders such disbursements illegal.
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 resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
In disputed land acquisition compensation apportionment, competent authority must refer to Principal Civil Court under National Highways Act Section 3H(4) and withhold payment; writ court cannot dire....
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....
Compensation claims under the National Highways Act require complete documentation; denotification of acquired land is not permissible once acquired.
Landowners who consent to compensation payments to others cannot later claim entitlement to that compensation, as their consent is binding.
The competent authority's determination of compensation entitlement under the National Highways Act is valid, and equitable relief requires the plaintiff to demonstrate clean hands.
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