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NELSON SAILO
T. Lalramchhuani – Appellant
Versus
Govt. of India, R/b Secretary, Ministry of Road Transport and Highways – Respondent
JUDGMENT :
Heard Mr. A.R. Malhotra, learned counsel for the petitioners, Ms. Zairemsangpuii, learned CGC for the respondent No. 1, Mr. C. Lalfakzuala, learned counsel for the respondent Nos. 2 & 3 and Mrs. Mary L. Khiangte, learned Govt. Advocate for the respondent Nos. 4, 5 & 6.
2. By filing this writ petition, the petitioners have prayed for setting aside the Office Order dated 13.08.2021 (Annexure - 7) and for a direction to the respondent authorities concerned to pay them compensation for their acquired land as per the assessment made by the Competent Authority For Land Acquisition (CALA) on 17.04.2021 (Enclosure to Annexure - 6).
3. It is the case of the petitioners that the Ministry of Road Transport & Highways, Govt. of India decided to undertake the work of building (widening/two lane with paved shoulder/four laning etc), maintenance, management and operation of NH-6 (NH-53) in the stretch of land from Km 15 - Km 30.05 and Km 30.05 - Km 50.36 which is within the jurisdiction of the Deputy Commissioner, Saitual, Mizoram. The respondent No. 1 appointed the respondent No. 6 as CALA under Section 3(a) of the National Highways Act, 1956 (National Highways Act) to perform the funct
The main legal point established in the judgment is the importance of following statutory procedures and respecting the orders of the constitutional courts in land acquisition matters under the Natio....
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
The Competent Authority for Land Acquisition (CALA) is not permitted to review or modify its own award once it has been issued, as it becomes functus officio under Section 3G of the National Highways....
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
The Competent Authority under the National Highways Act cannot revise its compensation order, and disputes must be resolved through arbitration.
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