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A.MUHAMED MUSTAQUE
Sasidharan. K. V. – Appellant
Versus
Union of India – Respondent
What is the entitlement of a building tenant to compensation under the National Highways Act, 1956 in cases of land acquisition? What is the scope of compensation including schedules and rehabilitation when applying the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to National Highways Act acquisitions? What are the factors and considerations the competent authority must take into account when determining compensation for a tenant under Section 3G and related provisions?
JUDGMENT :
The short issue in this case is whether a building tenant is entitled to compensation for the land acquired from his landlord under the National Highways Act, 1956. The claim has been rejected by the competent authority by Ext.P14 order dated 12.07.2019. In the order, the competent authority states that the claim of the tenant cannot be considered to re-determine the compensation. Challenging this, the petitioner approached this Court.
2. Heard the learned Counsel for the petitioner-tenant, the learned Counsel for the 6th respondent-landlord and the learned Government Pleader.
3. The claim was not decided on merit. If it was decided on merit, the remedy of an aggrieved is, to invoke the provisions for arbitration as contemplated under Section 3G(5) of the National Highways Act, 1956.
4. I have to decide this dispute on narrow compass whether the tenant is entitled for compensation amount or not.
5. Section 3G of the National Highways Act, 1956 refers to payment of the compensation to be determined by the competent authority. Section 3G(2) states as follows:
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