Balwan Singh vs National Highway Authority of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1579

MANOJ KUMAR GUPTA, DONADI RAMESH
Balwan Singh – Appellant
Versus
National Highway Authority of India – Respondent

Advocates Appeared:
For the Petitioner: Harsh Vardhan Gupta, Sanjay Kumar Mishra.
For the Respondent: Pranjal Mehrotra, A.S.G.I., C.S.C., Rajesh Tripathi.

JUDGMENT :

Manoj Kumar Gupta, A.C.J.

1. The main issue for consideration in these writ petitions is whether Section 80 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act, 2013’) relating to payment of interest on delayed payment of compensation amount would apply to the acquisitions made under the provisions of the National Highways Act, 1956 (for short ‘NH Act’) as amended by the National Highways Laws (Amendment) Act, 1997.

2. Before we advert to the above issue, we may note in brief the facts of each individual case:-

Writ-C No.11417 of 2023
1.	Date of notification under Section 3-A	18.06.2012
	(In Gazette)
	(In Newspaper)	18.07.2012
2.	Date of notification under Section 3-D	17.06.2013
	(In Gazette)
	(In Newspaper)	20.08.2013
3.	Date of award	22.09.2020
4(a)	Rs.59,20,163/- deposited as compensation in the account of the petitioner no.1.	03.03.2022
(b)	Rs.63,47,648/- deposited as compensation in the account of petitioner no.

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2023 Supreme(All) 1579

MANOJ KUMAR GUPTA, DONADI RAMESHBalwan Singh – AppellantVersusNational Highway Authority of India – Respondent

Cases Referred (1)

MANOJ KUMAR GUPTA, DONADI RAMESH
Balwan Singh – Appellant
Versus
National Highway Authority of India – Respondent