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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Hakim Ali, S/o. Late Kashem Ali – Appellant
Versus
Union Of India, Represented By The Secy. To The Govt. Of India, Ministry Of Road Transport And National Highways – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. Ahmed, the learned counsel appearing on behalf of the petitioner. Mrs. R. Borah, the learned CGC appears on behalf of the respondent Nos. 1 and 3; Mr. N. Goswami, the learned Government Advocate appears on behalf of the respondent Nos. 5 to 7; Mr. B. Choudhury, the learned Standing Counsel appears on behalf of the respondent No. 2; Ms. N. Bordoloi, the learned Standing Counsel appears on behalf of the respondent No. 4; Mr. A.Z. Ahmed, the learned counsel appears on behalf of the respondent No. 8 and Mr. K.H. Saikia, the learned counsel appears on behalf of the respondent No. 9.
2. The present writ petition has been filed by the petitioner being aggrieved by the order dated 25.10.2024 passed by the respondent No. 6 whereby instead of referring the dispute to the learned Court of the Principal Civil Judge, the respondent No. 6 vide the impugned order withheld the disbursement of the land value of the acquired land and further directed that the zirat value be paid to the respondent No. 8.
3. This Court has duly taken into consideration that from the materials on record it transpires that the plot of land admeasuring 2 Kathas covered by Dag No. 1
The competent authority must refer disputes regarding compensation apportionment to the Principal Civil Judge as mandated by the National Highways Act, 1956.
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
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
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....
Failure to address representations regarding land classification and compensation under the National Highways Act necessitates judicial intervention to ensure proper referral to an Arbitrator.
Point of Law : It is a settled principle of interpretation of statute that the provisions of any statute are to be interpreted to give effect to each of them to the extent possible without giving any....
Once an award is passed, the National Highways Authorities have no right to sit over such award, except approaching the arbitrator in terms of Sub Section 5 of Section 3G of the N.H. Act, 1956.
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.
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