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LISA GILL, RITU TAGORE
Balaji Industries – Appellant
Versus
Union of India – Respondent
JUDGMENT
Mrs. Lisa Gill, J.
Prayer in this writ petition is for setting aside 'award' dated 03.03.2021 (Annexure P-11), whereby land belonging to the petitioner has been acquired under section 3D(1) of the NATIONAL HIGHWAYS ACT , 1956 (hereinafter referred to as the 1956 Act) for construction (widening/four laning etc.), maintenance, management and operation of the road from Delhi - Amritsar - Katra expressway at village Hasangarh, District Rohtak. There is a further prayer for directing the respondents to carry out valuation of plant and machinery besides independent electricity connection installed at the factory of petitioner, before taking possession of the acquired land.
2. Facts as pleaded by the petitioner are that the petitioner is owner of land comprised in Khasra No.183//23, measuring 4840 square yards, situated at village Hasangarh, Tehsil Sampla, District Rohtak. It is stated that petitioner has established its factory for manufacturing of steel ingots and related works in respect of which NOC No.2543 dated 24.08.2009 was issued by District Town Planner. Factory of the petitioner is stated to be running wherein heavy machinery at the cost of Rs. 1,48,62,000/- stands inst
The scope of judicial review in acquisition matters is very limited and the courts can nullify the acquisition of land and in rarest of rare case, the particular project, if it is found to be ex-faci....
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 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.
The National Highway Act, 1956 provides for the acquisition of private properties for the construction of national highways, including the process of award declaration and compensation determination.....
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
The Acts provide a complete code for land acquisition and disputes. The Central Government must deposit the compensation amount before taking possession of the acquired land. The appointment of a new....
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