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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Pratap Borthakur Son Of Prafulla Borthakur – Appellant
Versus
State Of Assam – Respondent
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. P. S. Deka, the learned Senior Counsel assisted by Mr. P. Bhattacharya, the learned counsel for the petitioners. Mr. B. J. Talukdar, the learned Senior Counsel assisted by Mr. P. K. Medhi, the learned counsel appears on behalf of the respondent Nos. 2 & 3; Mr. J. I. Borbhuiya, the learned counsel appears on behalf of the respondent Nos.10 to 15 and Mr. C. Baruah, the learned counsel appears on behalf of the respondent Nos.16 & 17.
2. The present writ petition has been filed challenging the order dated 30.06.2022 passed by the learned District Judge, Jorhat in LA Case No.01/2018 whereby while adjudicating a proceedings under Section 3H(4) of the National Highways Act 1956 (for short, “the Act of 1956”), the compensation has been apportioned amongst the three groups and the petitioners have only been held entitled to 25% of the compensation.
3. The materials on record show that a plot of land admeasuring 2 bighas 2 kathas 19 lechas covered by Dag No. 3, 33, 24/313, 25/313 under PP No.3 of Hazari Mouza, Nokari Bamun Gaon in the District of Jorhat was acquired by the National Highway Authority under the Act of 1956. The compensation was ac
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 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....
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
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.
Only those with registered titles have the legal entitlement to compensation under land acquisition proceedings, and claims for common areas must be substantiated by clear legal doctrines.
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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