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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VINOD S.BHARDWAJ
Kamvin Infra Pvt. Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. ownership and acquisition of land for toll plaza (Para 1 , 2 , 3) |
| 2. access denial and acquisition terms dispute (Para 4 , 5 , 6) |
| 3. acknowledgment of land being land locked (Para 7 , 8) |
| 4. state's obligation to provide land access (Para 9 , 10) |
| 5. market value assessment for land acquisition (Para 11) |
| 6. state's role in equitable land acquisition (Para 12) |
| 7. order for acquisition process and compensation (Para 13 , 14 , 15) |
JUDGMENT :
VINOD S. BHARDWAJ, J.
CM-10223-CWP-2024
Application is allowed as prayed for subject to all just exceptions. Annexure P-17 is taken on record.
Registry is directed to tag the same at an appropriate place with its paging.
Main Case:
1. Challenge in the present petition is to the order dated 16.11.2021 whereby proposal for access permission to the property of the petitioner has been denied and order dated 04.03.2022 whereby the respondent accepted to acquire the balance land of the petitioner but at the rates on which land was acquired earlier passed by respondent No.3 being contrary to the law and Un-Constitutional.
2. Learned counsel for the petitioner contends that the petitioner-Company is the owner in possession of land situated at village B
Landowners cannot be deprived of access and must be compensated at current market value for land acquisition, as established under Section 3G of the National Highways Act.
The main legal point established in the judgment is that land acquisition proceedings can be challenged after the passing of the award in exceptional cases, and the acquisition must be for a public p....
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 ....
Court mandates timely consideration of land access representation after acquisition under national legislation.
Access to national highways is regulated by statutory provisions requiring permission, impacting inherent property rights.
Acquisition of land under the National Highways Act results in absolute vesting with the Central Government, rendering any subsequent sale or claim of ownership by private parties void and subject to....
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