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DEVASHIS BARUAH, MRIDUL KUMAR KALITA
NHIDCL R/b its Executive Director (Projects) – Appellant
Versus
T. Lalramchhuani D/o Late T. Malsawma – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. C. Zoramchhana, the learned counsel appearing on behalf of the Appellants. Mr. A.R. Malhotra, the learned counsel appears on behalf of the Respondent Nos.1 to 6 and Ms. Linda L. Fambawl, the learned Additional Advocate General, Mizoram appears on behalf of the Respondent Nos.7, 8 & 9.
2. The instant intra-Court Appeal is directed against the judgment and order dated 05.03.2024 passed in WP(C) No. 106/2021 whereby the learned Single Judge had allowed the writ petition thereby opining that the Petitioners therein who are the respondent Nos.1 to 6 herein would be entitled to receive compensation as per the Award dated 17.04.2021 prepared by the Competent Authority for Land Acquisition (CALA) as well as also gave the liberty to the Appellants herein to prefer an application under Section 3G (5) of the National Highways Act, 1956 (for short ‘the Act of 1956’), if aggrieved with the quantum of compensation and further directed that the amount which was determined as per the revised Award dated 18.08.2021 be deposited before the Competent Authority for Land Acquisition (CALA) within 1 (one) month from the date of the application made under Section
The Competent Authority under the National Highways Act cannot revise its compensation order, and disputes must be resolved through arbitration.
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.
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....
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.
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.
(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....
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