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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anil Kshetarpal, J.
Deepali Sharma & Anr. – Appellants
Versus
Sub Divisional Magistrate Cum Land Acquisition Collector – Respondent
CWP-12789 of 2022(O&M)
Decided On : 02-06-2022
Mandamus - Land Acquisition - The court directed the petitioners to apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956 for the dispute regarding compensation apportionment.
Fact of the Case:
The petitioners sought a writ of mandamus to direct the competent authority to refer the compensation dispute to the Principal Civil Court. The petitioners claimed compensation based on an agreement to sell, but were not the owners of the property. The Enforcement Directorate had restrained the competent authority from disbursing the amount to the owners, who were an incorporated company.
Finding of the Court:
The court directed the petitioners to apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956 for resolution of the compensation dispute. The court disposed of the revision petition and pending miscellaneous applications.
Issues: Dispute over compensation apportionment under the National Highways Act, 1956.
Ratio Decidendi: The court relied on Section 3(H)(4) of the National Highways Act, 1956, which allows any person interested in the compensation to file an application with the competent authority to forward the dispute to the Principal Civil Court.
Final Decision: The court disposed of the revision petition and pending miscellaneous applications, directing the petitioners to apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956.
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 advised, may apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956.
7. With these observations, the revision petition is disposed of.
8. All the pending miscellaneous applications, if any, are also disposed of.
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