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ANIL KSHETARPAL
Deepali Sharma – Appellant
Versus
Sub Divisional Magistrate Cum Land Acquisition Collector – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral). - The petitioners pray for issuance of a writ in the nature of mandamus to direct the competent authority-Land Acquisition Collector to refer the dispute with regard to the apportionment of the compensation to the Principal Civil Court.
2. Admittedly, the petitioners are not the owners of the property. They claim compensation on the basis of some agreement to sell.
3. Sh. Chopra, Additional Advocate General, Punjab, has informed the Court that the Enforcement Directorate has already restrained the competent authority from disbursing the amount of the owners which is incorporated company.
4. Section 3(H)(4) of the National Highways Act, 1956, enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court.
5. The petitioners have applied under Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In the present case, the acquisition is under the National Highways Act, 1956.
6. Keeping in view the aforesaid facts, the petitioners, if so
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 interest of justice requires providing the petitioner with the basis of determination of compensation and allowing the petitioner to approach the Arbitrator if aggrieved.
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.
The central legal point established in the judgment is the exclusive jurisdiction of the Principal Civil Court to resolve disputes regarding the apportionment of compensation under Section 3H(4) of t....
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....
An appeal under Section 74 of the Right to Fair Compensation Act cannot challenge awards issued under the National Highways Act, 1956.
The main legal point established is that the dispute over the apportionment of compensation for land acquired under the National Highways Act falls under the jurisdiction of the court in accordance w....
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