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ANIL KSHETARPAL
National Highway Authority Of India – Appellant
Versus
The Competent Authority, Land Acquisition-cum-district Revenue Officer, Ludhiana – Respondent
JUDGMENT
Anil Kshetarpal, J. (Oral) - This order shall dispose of three Civil Writ Petitions i.e CWP-12169-2022, 12180-2022 and 12348-2022 involving identical issue.
2. National Highway Authority of India (hereinafter referred to as 'NHAI') prays for quashing of corrigendum award no.79 dated 30.12.2021 passed by the competent authority, Land Acquisition-cum-District Revenue Officer, Ludhiana. Union of India, on the request ofthe NHAI, has acquired the land. The Land Acquisition Collector originally passed the award on 01.07.2021.By a corrigendum award no.79 dated 30.12.2021 the competent authority has modified the award to the extent that certain parcel of land, which was previously assessed as agricultural land, has now been assessed as the land used for residential/commercial purpose. As per Section 3G of the National Highways Act, 1956, if the amount determined by the competent authority is not acceptable to either of the parties, then on the application, the Central Government is required to refer the matter to the Arbitrator. Section 3G of the National Highways Act, 1956, is extracted as under:-
3G. Determination of amount payable as compensation. - (1) Where any land is acquired
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
Petitioner must approach the appointed Arbitrator for grievances regarding compensation assessment under the National Highways Act, 1956.
The court ruled that compensation for land acquisition must reflect market value and consider hardships faced by landowners, as mandated by the National Highways Act and RFCTLARR Act.
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.
Limited judicial interference under Sections 34/37 Arbitration Act in NHAI land compensation awards; no re-appreciation of evidence.
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