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SANJAY KUMAR MEDHI
John Millik, S/o Herolous Millik – Appellant
Versus
Union Of India Represented By Secretary To The Ministry Of Road Transport And Highways, Government Of India, New Delhi – Respondent
JUDGMENT :
Heard Shri S. Mitra, learned counsel for the petitioner. Also heard Shri CKS Baruah, learned CGC for the respondent no. 1; Shri RK Talukdar, learned Standing Counsel, NHIDCL for the respondent nos. 2 and 7; Shri J. Handique, learned State Counsel for the respondent no. 3 and Shri J. Chutia, learned Standing Counsel, KAAC for the respondent nos. 4 to 6.
2. Considering the nature of the dispute and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admission stage.
3. The issue is on a very narrow compass.
4. The facts projected is that the petitioner is the absolute owner of a plot of land measuring 3 bigha in the district of Karbi Anglong, Assam. On 14.12.2021, the Government of India had published a Gazette Notification under Section 3A(1) of the National Highways Act, 1956 for acquiring land for building, maintenance, management and operation of NH-29 in the district of Karbi Anglong. It is the case of the petitioner that though the plot of land purchased by him is not mentioned in the schedule, the official of the respondents had come to his plot and had also done a survey. The petitioner claims to have filed an
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....
The court established that land once vested with the government under the National Highways Act cannot be reduced without following due legal process.
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....
Compensation for land acquisition must be equitably distributed among all co-owners, and mistaken payments can be reclaimed by the authority.
The court emphasized the importance of a legal basis for claims, the need for evidence to support allegations, and the rejection of prayers based on disputed facts.
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