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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MICHAEL ZOTHANKHUMA, PRANJAL DAS
National Highways and Infrastructure Development Corporation Limited (NHIDCL) – Appellant
Versus
T.Zahluta @Zahluta and 6 Ors. S/o. T.Zahnuka (L) R/o Bungtlang – Respondent
Judgment :
Michael Zothankhuma, J.
1. Heard Mr. T. Lalzekima, learned counsel for the appellant/National Highways and Infrastructure Development Corporation Limited (NHIDCL). Also heard Mr. Jonathan L. Sailo, learned counsel for respondent No. 1 (Writ Petitioner), Mr. Jonathan Lalrintluanga, learned counsel for respondent No. 5/Competent Authority for Land Acquisition (CALA), Ms. Caroline K. Lungawipuii, learned Govt. Advocate for respondent Nos. 2 – 4 and Ms. Zairemsangpuii, learned CGC for respondent Nos. 6 & 7.
2. The present appeal has put to challenge the impugned Order dated 16.11.2023 passed by the learned Single Judge in WP(C) No. 104/2023, wherein the learned Single Judge had directed the “Competent Authority for Land Acquisition” (CALA), to make an appropriate assessment of the land value of the writ petitioner’s land, which was affected due to construction work alongwith all other statutory benefits and to forward the same to the Union of India and NHIDCL, who was to then deposit the assessed amount for payment to the writ petitioner. The impugned order passed by the learned Single Judge has been challenged, on the ground that the writ petition had been disposed of without
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
Acquisition of land under Section 3-D of the National Highways Act extinguishes the owner's rights upon notification, and related lease agreements become void.
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 National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
Interest on enhanced compensation under the National Highways Act is payable from the date of notification under Section 3-D, affirming the government's immediate vesting of land.
Subsequent purchasers of land can only claim compensation based on their vendors' titles and cannot challenge acquisition proceedings initiated under different statutes.
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.
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