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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
TRIBHUVAN DAHIYA
National Highways Authority of India – Appellant
Versus
Nirmal Kumar – Respondent
JUDGMENT :
Tribhuvan Dahiya, J.
1. These two petitions are being decided together as identical issues on similar facts arise for consideration therein. For brevity, the facts are being referred to from CR No.2891 of 2025, which has been filed for setting aside orders dated 17.01.2025, 15.02.2025, 19.03.2025 and 29.04.2025, Annexures P-1 to P-4, respectively, whereby the Executing Court/Additional District Judge, Amritsar, has dismissed the objections of petitioner/National Highways Authority of India (NHAI)/judgment debtor, directing it to pay balance amount of compensation as per calculation sheet submitted by the Competent Authority for Land Acquisition-cum-Sub Divisional Magistrate (CALA-cum-SDM), Amritsar-I, forthwith.
2. To refer to the relevant facts, the petitioner/NHAI acquired land of the private respondents/land owners for construction of a national highway (NH-15) in village Verka under Section 3A of the National Highways Act, 1956 (hereinafter referred to as 'the 1956 Act'), vide notification dated 23.05.2008 and, thereafter, notification under Section 3D(1) of the Act was issued on 13.05.2009. The competent authority/CALA, Amritsar-I, delivered an award, dated 31.05.2010,
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The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
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