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HARKESH MANUJA
Nirmal Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT
Harkesh Manuja, J.
By way of present writ petitions, challenge has been laid to an Award dated 08.10.2021 (Annexure P-9) passed by respondent No.3 in pursuance to the acquisition proceedings carried out for the benefit of respondent No.2, vide notifications dated 15.01.2021, issued under section 3A of the National Highways Act, 1956 (hereinafter referred to as "the Act") and notification dated 23.04.2021 issued under Section 3D, followed by an award dated 08.10.2021 passed in exercise of powers under Section 3G(5) thereof. As factual and legal points involved in both the cases are same, they are being taken up together. For convenience, facts are being taken from CWP No. 15956 of 2023.
2. In the present case, the land owned by the petitioner, situated within the revenue estate of Village Jhaneri, Tehsil Bhawanigarh, District Sangrur, came to be acquired in pursuance to the aforementioned notifications. Grievance of the petitioner in the present writ petition has been that vide Award dated 08.10.2021, pertaining to village Jhaneri, respondent No.3 assessed the market value of the land @ Rs.65,43,742/- per acre whereas, for the adjoining village i.e. Phagguwala, the market va
The court ruled that claims of discrimination in land acquisition compensation must be supported by substantial evidence, and that statutory remedies must be exhausted before seeking judicial relief.
When landowners are identically situated under the same acquisition notification, denying them parity in compensation constitutes hostile discrimination. In such cases, courts may exercise writ juris....
Landowners whose properties are acquired under the same notification for the same public purpose are entitled to parity in compensation. Denying such parity is arbitrary and violates the constitution....
In highway acquisitions under NH Act, small sale deeds usable for large tracts with deduction (no development charges needed); adjacent similar lands comparable; no 12% interest under LAA 23(1-A) per....
The court emphasized the availability of alternative statutory remedies for seeking enhancement of compensation and the limitations of the writ jurisdiction when an efficacious alternative remedy is ....
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
The procedure under Sections 3G and 3E of the National Highways Act was duly followed in passing the awards.
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