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2011 Supreme(P&H) 1972

M.M.KUMAR, JITENDRA CHAUHAN
Nirmal Singh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner: None.
For the Respondent Nos. 1 and 2:Mr. K.G. Sharma, Advocate.
For the Respondent: Mr. Suvir Sehgal, Addl. AG, Punjab.
For the Respondent Nos. 5, 6 and 7:Mr. Kanwaljit Singh, Senior Advocate, with Ms. Vidushi Gaur, Advocate.

JUDGMENT

Mr. M.M. Kumar, J.:- The instant petition filed under Article 226 of the Constitution prays for quashing of order dated 11.11.2009 (P-4) passed by respondent No. 4 and a further prayer has also been made that the dispute regarding apportionment of the amount of compensation be referred to the Court of District Judge, Amritsar, in view of the mandatory provisions of Section 3H(4) of the National Highway Act, 1956 (for brevity, ‘the Act’), pertaining to deposit and payment of amount of the land acquired under the provisions of the Act.

2. The pivotal question which arises for consideration in the instant petition is whether the Competent Authority constituted under Section 3(a) of the Act would be acting within its competence and jurisdiction by determining the dispute concerning possession and/or ownership of the acquired land. The issue would further be whether the power of the competent authority under sub-section (3) of Section 3-H of the Act extends to partition of the acquired land and disbursement of compensation in favour of one shareholder by issuing direction to the authority to adjust the area of the acquired land as and when partition is to take place. Another is













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