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G. R. SWAMINATHAN
N. Raja Mohamed – Appellant
Versus
District Revenue Officer, Sivagangai District – Respondent
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 reflecte
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.
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....
Section 3(H)(4) of the National Highways Act, 1956 enables any person interested in the compensation to file an application with the competent authority to forward the dispute to the Principal Civil ....
Compensation for land acquisition must be equitably distributed among all co-owners, and mistaken payments can be reclaimed by the authority.
The court's decision emphasized the importance of following the procedure for land acquisition and ensuring the payment of compensation as per the law.
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