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ROBIN PHUKAN
Tachu Nabam – Appellant
Versus
Union Of India, Represented By The Secretary, Ministry Of Road Transport And Highway, Govt. Of India – Respondent
JUDGMENT :
1. In this writ petition, under Article 226 of the Constitution of India, the petitioners, Shri Tachu Nabam and 77 others, have prayed for directing the respondent authorities to grant compensation to the people of Khodaso Community, pursuant to notification, dated 11.12.2012, of the Government of Arunachal Pradesh for acquisition of their community land for construction of Trans Arunachal Highway from Khodaso to Hoj having a length of 102 kms and also to constitute an independent committee, headed by a person appointed by this Court along with the representative of Khodaso community for assessment and disbursement of compensation payable to the said community and also to enquire about the compensation granted to the selected 2 (two) individuals belonging to Khodaso community.
2. The factual background, leading to filing of the present petition, is briefly stated as under:
Point of Law : It is well settled that if a person has submitted to the jurisdiction of the Authority, he cannot challenge proceedings, on the ground of lack of jurisdiction of said authority in furt....
Section 3G of National Highways Act, 1956 provided for procedure for determination of amount payable as compensation.
The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
The acquisition proceedings under Award No.12/83 were held not to lapse in terms of Sec. 24(2) of the RFCTLARR Act and they will continue.
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.
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
Compensation for land acquisition must be determined under the New Act if awards are passed after its enactment, regardless of prior proceedings under the Old Act.
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