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IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
Vijay Bishnoi, C.J., N. Unni krishnan Nair
Chairman And Managing Director Gail (India) Ltd. – Appellant
Versus
Md. Mastopha Ahmed, S/O Late Moktar Ahmed @ Moktar Ali – Respondent
| Table of Content |
|---|
| 1. determination of land acquisition compensation. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. jurisdictional limits of competent authority. (Para 12 , 13 , 18) |
| 3. arguments regarding disputed facts and process. (Para 14 , 15 , 16 , 17) |
| 4. court's stance on entitlement disputes post-compensation. (Para 22 , 23 , 24) |
| 5. final ruling dismissing the writ petition. (Para 26 , 27) |
JUDGMENT :
Vijay Bishnoi, CJ.
Heard Mr. S. Mitra, learned counsel appearing for the appellants. Also heard Mr. M.K. Choudhury, learned Senior Counsel assisted by Mr. R. Gohain, learned counsel for respondent No.1; Mr. A. Kalita, learned Standing Counsel, Industries and Commerce appearing for respondent No.3 and Mr. I.H. Saikia, learned counsel for respondent No.4.
2. This writ appeal is filed by the appellants being aggrieved with the judgment and order dated 25.05.2023 passed by the learned Single Judge in WP(C) No.6038/2021 filed by the writ petitioner/respondent No.1 herein.
3. The brief facts of the case are that vide Notification dated 10.10.2018, issued on 16.10.2018, the Ministry of Petroleum and Natural Gas, Government of India, had shown interest in acquiring the land of village No.1 Dobak, failing und
The authority becomes functus officio after determining compensation apportionment, and cannot refer disputes to the District Judge post-disbursement.
Indemnity Bond is given for a purpose that if at any later point of time a dispute arises, the person receiving the amount shall indemnify the competent authority.
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.
when a statutory forum is created by law for redressal of grievances, a writ petition under Article 226 of the Constitution should not ordinarily be entertained ignoring the statutory prescription, m....
The availability of a statutory remedy under the Petroleum and Mineral Pipelines [Acquisition of Right of User in Land] Act, 1962 for redressal of grievances regarding compensation for land acquisiti....
(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....
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.
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
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....
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