The competent authority's determination of compensation entitlement under the National Highways Act is valid, and equitable relief requires the plaintiff to demonstrate clean hands.

JUDGMENT

Mrs. Sukhvinder Kaur, J.

Instant revision petition has been filed for setting aside the order dated 26.02.2024 passed by the Additional District Judge, Narnaul (Annexure P-8), vide which the appeal filed by the petitioner against the order dated 05.01.2024 (Annexure P-7) passed by the Civil Judge, Jr. Division, Narnaul was dismissed.

2. The relevant facts as per case of the plaintiff are, he had right, title and interest as a co-sharer in the land situated within the revenue estate of village Maksuspur, Tehsil Narnaul, District Mahendergarh (hereinafter to be referred to as 'the suit property') as per jamabandis for the years 2015-16, 2018-19, 2020-21 excluding that portion of land which had now been acquired by the State. It has been alleged that the Government of India through National Highway Authority acquired the land from village Maksuspur and other villagers for upgrading and widening/four laning National Highway No.11 which included some portion of land of the plaintiff as well as other co-owners comprised in khewat No.42, khatauni Nos.47-50, total 11, measuring 50 kanals 2 marlas vide Award No.30 dated 30.11.2018 and other supplementary awards. The compensation for the constructions/structures existing in the acquired property was assessed separately on the basis of Spot Inspection Report of Survey Authority and the owners as per their shares and who had built the same exclusively, received the award. Award regarding structure, bore-well, tube-well and other construction was passed separately. It has been alleged that as plaintiff had constructed the shops/boundary wall on rectangle/killa No.3//24, so he received compensation for an amount of Rs. 19, 00, 568/- after the survey and after removal of the objections. The plaintiff during lifetime of his father had built 5 shops and boundary wall in the property situated at village Maksuspur with his own exclusive funds and those 5 shops were rented out to the Sales Tax Department and he used to take the rent. It was further alleged that one Satbir Singh in order to harass the plaintiff, filed a complaint and the District Revenue Officer after proper inspection, released the amount of Rs. 19, 00, 568/- in favour of the plaintiff. It was further alleged that petition under section 3(H) of the National Highways Act, 1956 (hereinafter to be referred to as 'the 1956 Act') is also pending in the Court of Additional District Judge, Narnaul. It was alleged that the defendants wrongly issued notice bearing No.5383/LAC dated 10.03.2023 to the plaintiff asking to deposit a sum of Rs. 19, 00, 568/- in their account or recovery would be made through attachment. It was also alleged that such notice is totally wrong, against law and fact, null and void and not binding upon the plaintiff. Defendants have no right to auction the property of the plaintiff after attachment. Plaintiff asked the defendants not to take any steps to recover the amount on the basis of notice No.5383/LAC dated 10.03.2023 but in vain. Hence, the present suit as well as application under Order 39 Rules 1 & 2 CPC read with section 151 CPC seeking to restrain the defendants from making out the process of attachment and auction of the property of the plaintiff under the garb of impugned notice and from any kind of recovery till final decision of the present suit on merits, was filed.

3. Upon notice, defendant No.1 filed written statement by taking the preliminary objections regarding maintainability, locus standi, cause of action, non-joinder and mis-joinder etc. On merits, all the material averments were denied and it was averred that owner of the land and structure while receiving compensation had given the undertaking through affidavit to answering defendant No.1 that if in future any compensation of the land and structure was found to have been disbursed to the wrong owner, then he would deposit the entire compensation in the bank account of defendant No.1 and in case not so deposited then defendant No.1 ha