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SUKHVINDER KAUR
Rajbir Singh – Appellant
Versus
District Revenue Officer – Respondent
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 competent authority's determination of compensation entitlement under the National Highways Act is valid, and equitable relief requires the plaintiff to demonstrate clean hands.
If sub-section (2) of Section 3H of the Act of 1956 is looked into, the jurisdiction of the competent authority is nothing but to pay the compensation to the person or persons entitled thereto.
when the suit is pending before the competent Civil Court, the rights can be crystallized only by the competent Civil Court not by this Court under Article 226 of the Constitution of India
Point of Law : It is a settled principle of interpretation of statute that the provisions of any statute are to be interpreted to give effect to each of them to the extent possible without giving any....
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.....
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
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