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AUGUSTINE GEORGE MASIH, SANJIV BERRY
Azad – Appellant
Versus
Chief General Manager – Respondent
JUDGMENT
Sanjiv Berry, J.
Vide this order two identical writ petitions filed under Article 226/227 of the Constitution of India, bearing No. 8818 of 2021 and 11569 of 2021 are being disposed of having been filed by the respective petitioners seeking issuance of writ of certiorari for quashing of the impugned notice dated 10.03.2021 (Annexure P-11) passed by respondent No.2 under Sub- Section 26 of the Control of National Highways (Land & Traffic) Act, 2002 and further not to acquire or demolish the construction of the petitioner in killa numbers 2405//2/2/1/1 (in CWP No. 8818 of 2021) and 2360//2 Min (in CWP No. 11569 of 2021) situated in in Village Pauli, Tehsil Julana and District Jind.
2. Briefly stated the facts pleaded by the petitioners are that they are owner and in possession of the land in question having been originally allotted by the Gram Panchayat being the landless persons and mutation to this fact was sanctioned as Annexure P-2, whereon the petitioners raised construction of their houses. It is pleaded that vide Gazette Notification dated 22.07.2012 (Annexure P-5) issued under Section 3(A) and Sub-Section(1) by Government of India, the land was acquired for constructi
The court established that undisputed title is mandatory for compensation in land acquisition, affirming the need for appropriate judicial avenues for title disputes.
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award and receipt of compensation in exceptional cases falling within ....
The court affirmed the constitutional right to property under Article 300A, emphasizing the necessity for just compensation when property is acquired without due process.
The Court affirmed that land acquisition under the National Highways Act, 1956 must follow due process, and compensation is mandated for acquired land.
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