Krishan Kumar Sood vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(HP) 205

SANDEEP SHARMA
Krishan Kumar Sood – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ajay Kumar, Rohit.
For the Respondents: Rajan Kahol, B.C. Verma, Ravi Chauhan, Nand Lal Thakur, Vikrant Thakur, Shreya Chauhan, Sneh Bhimta.

Judgement Key Points

Question 1? What is the proper forum for resolving disputes regarding apportionment of compensation under the National Highways Act? Question 2? What is the correct interpretation of Section 3H(4) of the National Highways Act regarding referral of apportionment disputes to the Principal Civil Court of original jurisdiction? Question 3? How does the decision affect the authority of CALA to decide entitlement/apportionment versus referring such disputes to the principal civil court?

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Question 1?

What is the proper forum for resolving disputes regarding apportionment of compensation under the National Highways Act?

Question 2?

What is the correct interpretation of Section 3H(4) of the National Highways Act regarding referral of apportionment disputes to the Principal Civil Court of original jurisdiction?

Question 3?

How does the decision affect the authority of CALA to decide entitlement/apportionment versus referring such disputes to the principal civil court?

JUDGMENT :

SANDEEP SHARMA, J.

1. Being aggrieved and dissatisfied with order dated 27.9.2019, passed by the Sub Divisional Officer (C) (Rural) cum Competent authority Land Acquisition (NHAI), Shimla (in short “CALA”) whereby objections having been filed by the petitioners herein under Sections 3H and 3H(4) of the National Highways Act (in short “the Act”) to award No. 21/2015 dated 12.10.2015 and award No. 21-F dated 24.7.2018, passed by the Land Acquisition Collector, came to be dismissed, petitioners have approached this Court in the instant proceedings filed under Article 226 of the Constitution of India, for following relief:

“(i) It is, therefore, prayed that the present Writ Petition may kindly be allowed by issuing a writ of certiorari or such other appropriate order or direction as this Hon'ble Court deems fit in the facts and circumstances of the case be issued by quashing/setting aside the order dated 27.9.2019, Annexure P-12, passed by the Learned Sub Divisional Officer (C) (Rural) Cum Competent Authority Land Acquisition (NHAI) Shimla in Case No. 90/2018 titled Krishan Kumar Sood and Others vs. Kailash District Co-Op. Marketing and Consumers Federation Ltd. and Others and

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