Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
G.S. SANDHAWALIA, MEENAKSHI I. MEHTA
Paramjeet Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
G.S. Sandhawalia, J.
1. The present judgment shall dispose of 10 writ petitions bearing CWP-13208-2022, CWP-26064, 28208, 28217, 28231 & 28283-2023, CWP-9361, 10481, 13904 & 21323-2024. For dictating judgment, facts have been taken from CWP-13208-2022 titled Paramjeet Singh & others Vs. Union of India & others.
2. Challenge in the writ petition, filed under Article 226/227 of the Constitution of India, is regarding the issuance of revised awards; the corrigendum awards of even date passed by respondent No.5-the Land Acquisition Collector-cum-District Revenue Officer, Jalandhar being the competent authority, under the provisions of the National Highways Act, 1956 (for short, the '1956 Act').
3. The grouse of the landowners in sum and substance is that the revision has taken place at the behest of the National Highway Authority of India (NHAI), which is without jurisdiction, illegal and liable to be quashed. The NHAI has no role in determining the amount of compensation which is a function bestowed upon the competent authority-respondent No.5 and therefore, the only right to challenge the same was in terms of the provisions of Section 3G(5) of 1956 Act and the Arbitration &
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 the Special Land Acquisition Officer had no jurisdiction to modify a compensation award once issued, affirming the principle that administrative instructions cannot alter a quasi....
The District Collector exceeded jurisdiction by directing redetermination of compensation under the National Highways Act, as awards were already made prior to the 2013 Act's applicability.
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.
Competent Authority under National Highways Act becomes functus officio after passing award under Section 3G(1) and lacks jurisdiction to issue corrigendum or modified award for same land.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
