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MANISH CHOUDHURY
Bubuli Borthakur, S/o. Late Siva Prasad Sarma @ Borthakur – Appellant
Versus
Union of India, Represented by the Secretary, Ministry of Road Transport and Highways – Respondent
ORDER :
The petitioners, 8 [eight] in nos., have joined together to institute the present writ petition under Article 226 of the Constitution of India seeking inter alia setting aside and quashing of an order dated 08.08.2019, passed by the respondent no. 7, that is, the Additional Deputy Commissioner cum Competent Authority of Land Acquisition [CALA]. By the order dated 08.08.2019, the respondent no. 7 had apportioned the compensation amount assessed for parcels of land, mentioned hereinbelow, in terms of the Award passed in Land Acquisition Case no. 79/2015 between the claimants which included the present petitioners.
2. The necessary background facts, relevant for the purpose of consideration of the writ petition can be narrated, in brief, as follows :- A process of acquisition was initiated by the Ministry of Road Transport and Highways [MoRT&H], Government of India [GoI] for extension of National Highway no. 37A, 52 & 52A in the year 2015 and for that purpose, a land acquisition case, Land Acquisition Case no. 79/2015 was registered. The respondent no. 7 came to be appointed
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.
The main legal principle established in the judgment is that disputes regarding apportionment of compensation under the National Highways Act should be referred to the principal civil court of origin....
Compensation rights in land acquisition are determined by the nature of ownership and legal claims, emphasizing the need for proper apportionment according to respective interests.
(1) Acquisition of land – If any dispute arises as to apportionment of amount or any part thereof or to any person to whom same or any part thereof is payable, then, competent authority shall refer d....
The Competent Authority under the National Highways Act lacks jurisdiction to resolve disputes regarding the apportionment of compensation, necessitating referral to the Principal Civil Court when su....
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
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