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DEVASHIS BARUAH
FAIZUL HAQUE BARBHUIYA – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT :
Devashis Baruah, J.
1. Heard Mr. M.J. Quadir, learned counsel appearing on behalf of the petitioner. I have also heard Mr. K.K. Parashar, learned counsel appearing on behalf of the respondent no. 1, Mrs. S. Sarma, learned counsel appearing on behalf of the respondent nos. 2, 3, 4, 5 & 7 and Ms. M. Barman, learned counsel appearing on behalf of the respondent no. 6.
2. This is an application under Article 226 of the Constitution whereby the petitioner being aggrieved for non-payment of the admitted assessed compensation of Rs. 5,88,773/- have approached this Court.
3. The brief facts of the instant case is that the petitioner owns various new plot of land including a plot of land which had a residential Assam type RCC building bearing holding No. 241, situated at village Rajeshwarpur, P.O. Lala in the District of Hailakandi. As the petitioner's house stands on the left side of National Highway 154, in the year 2007 the high way was surveyed for extending its width to 25 meters from the existing 20 meters and resultantly, a shop house appertaining to petitioner's residential building and some trees etc had fallen within the surveyed area of extended 5 meters.
4. The officials o
The right of a petitioner to receive legitimate compensation for land acquisition under the National Highway Act, 1956, and the obligation of the authorities to timely verify and pay the entitled amo....
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....
The arbitral award on land compensation cannot be modified without participation of affected parties, ensuring rights to compensation are upheld as originally awarded.
The National Highways Act, 1956 mandates that once land is vested in the Central Government, compensation must be paid to affected landowners regardless of possession, ensuring their rights are prote....
Finality of unappealed land acquisition compensation enhancement order binds parties for payment.
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
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