IMPORTANT POINT
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.

ORDER :

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order of the 1st respondent in Pa.Mu.P4/25015/2018 dated 05.10.2020 quash the same and consequently forbear the 2nd respondent herein, their subordinates, men and agents from in any manner disbursing the payment of compensation of for acquisition of land in S.No.184/2A1 to any of the respondents 3 to 5 herein.

Heard the learned counsel for the writ petitioners, the learned Additional Government Pleader for the respondents 1 and 6, the learned counsel for the second respondent and the learned counsel for the fifth respondents.

2.The land comprised in S.No.184/2A1, Kanankottai Village, Devakottai Taluk was acquired under the provisions of the National Highways Act, 1956. Patta in respect of the said land stood in the name of the fifth respondent. The fifth respondent had purchased the property vide sale deed dated 11.01.2007 from the fourth respondent. The fourth respondent in turn had purchased the property from the third respondent vide sale deed dated 27.01.2005. The revenue record reflected the name of one Sagu Rowther, he was none other than the father of the third respondent.

3.On the other hand, the petitioners herein claim to have inherited the acquired property from their father Nagoor Gani in whose favour a Will was executed on 19.01.1962 by his grandfather Abdullah. Old S.No.184/2 reflected the names of seven persons out of whom Abdullah was one. The first petitioner herein filed W.P.(MD)No.9512 of 2019. The prayer in the said writ petition was as follows:-

“Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus forbearing the 1st respondent from proceeding with the land acquisition proceedings in respect of the properties in Survey No.184/2A1, Kannakottai group, Devakottai Taluk, Sivagangai District in view of the patta proceedings pending before the 2nd respondent in Na.Ka.P4-25015-18 dated 01.02.2019 by considering the petitioner's representation dated 10.04.2019.”

4.The fifth respondent herein was shown as the third respondent in the said writ petition. After hearing both parties, the writ petition was disposed of in the following terms:-

“12. In that view of the matter, this Court is inclined to dispose of the writ petition with the following direction:

(i) that the second respondent shall complete the enquiry, which is pending before him in respect of the subject land between the petitioner and the third respondent and pass final orders thereon within a period of six (06) weeks from the date of receipt of a copy of this order;

(ii) Once such an order is passed, depending upon the outcome of the order to be passed by the second respondent, the right of the parties (i.e.) the petitioner as well as the third respondent, in succeeding to get the compensation award amount under the land acquisition proceedings can be decided and based on the same, they can get the benefit thereafter; and

(iii) In order to enable the second respondent/ District Revenue Officer to decide the issue within the time frame stipulated, if the second respondent gives any notice for further enquiry to the parties, (i.e.) petitioner and the third respondent, they shall appear before the second respondent / District Revenue Officer with full cooperation to complete the enquiry within the time frame.

13. Till such decision is taken by the second respondent/ District Revenue Officer as indicated above, the award amount in respect of the subject land shall not be disbursed by the respondent to any of the parties. With these directions, the Writ Petition is disposed of. No costs. Consequently, connected W.M.P.(MD) No.7493 of 2019 is closed.”

5. Pursuant to the said direction, enquiry was taken up by the District Revenue Officer. Vide order dated 05.10.2020, the request of the petitioner was rejected. Challenging the same