Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARKESH MANUJA
Sadhu Singh – Appellant
Versus
Amarjit Kaur – Respondent
JUDGMENT :
HARKESH MANUJA, J.
By way of present writ petition, challenge has been laid to the decision dated 05.02.2020 (Annexure P-8) passed by the learned Additional District Judge, Mohali (hereinafter to be referred as “Reference Court”) whereby petition preferred under Section 3H (4) of the National Highway Act, 1956 (for short ‘the Act’) at the instance of petitioner/land owner was dismissed.
[2] Briefly stating, one Chuhar Singh owned 91 Kanal 02 Marlas in the revenue estate of Village Singhpura Hadbast No.111, Tehsil Kharar, District Mohali. Chuhar Singh had 05 sons and one daughter. Pedigree table to this effect is extracted hereunder:-
[3] After the death of Chuhar Singh, land was recorded in the name of his 05 sons with 1/5th share each. Thereafter, upon death of Kahan Singh and Naranjan Singh, their 1/5th share each was muted in the name of their heirs namely Maha Singh and Basant Kaur, respectively. By virtue thereof, Maha Singh became owner to the extent of 2/5th share in total.
[4] Later, around 07 kanals 13 marlas of land of the joint holdings, comprised in rectangle No.16 i.e. Kh/Kh No.33/50, 51 Khasra No.16//10/2min(3-11), 16//10/2min(3-11), [16//1010/1(0-18), 10/2(6-13
The competent authority under the National Highways Act lacks jurisdiction to resolve title disputes regarding compensation entitlement, which must be adjudicated by the civil court.
Once land is acquired and vests in the state, compensation obligations persist and cannot be negated by later claims of non-utilization.
The main legal point established in the judgment is that land on the road should be divided amongst all the co-sharers in proportion to their share in the total land holding, as per the Haryana Land ....
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
