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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.B. BALAJI, J
Krishnasamy V. – Appellant
Versus
Project Director, National Highways – Respondent
ORDER :
(P.B. BALAJI, J.)
The Writ Petition has been filed seeking a writ of mandamus, to direct the respondents 1 and 2 to update the names of the petitioners in the list of affected parties for receiving compensation, after deleting the names of the respondents 3 to 5 in the records maintained by the second respondent.
2. I have heard Mr.M.Jayakumar, learned counsel for the petitioners, Mr.S.Kameswaran, learned Government Advocate for the second respondent, Mr.P.Karthick, learned counsel for the first respondent and Mr.S.Malaikani, learned counsel for the respondents 3 and 4. The fifth respondent, despite being served, has not chosen to appear either in person or through a counsel.
3. The learned counsel for the petitioners, Mr.M.Jayakumar, would submit that the lands, belonging to the petitioners, were acquired by the National Highways Authority of India, by issuing Notification under Section 3-A of the National Highways Act, 1956 on 02.09.2011. He would further submit that in furtherance of the Notification issued under Section 3-D of the National Highways Act, 1956 on 09.08.2012, an award was passed under Section 3-G of the National Highways Act, 1956 on 15.03.2013.
4. It is the ca
Landowners who consent to compensation payments to others cannot later claim entitlement to that compensation, as their consent is binding.
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.
Disbursement of compensation under contested land ownership violates statutory provisions; authorities must ensure compliance amidst ongoing litigation involving ownership disputes.
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 ....
The court's decision emphasized the importance of following the procedure for land acquisition and ensuring the payment of compensation as per the law.
Compensation claims under the National Highways Act require complete documentation; denotification of acquired land is not permissible once acquired.
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....
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