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MANOJ KUMAR GUPTA, MANISH KUMAR NIGAM
Mohammad Shahid – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. The prayer made in the instant petition is for a direction to the respondents to pay compensation to the petitioners in pursuance of award of the Competent Authority, Bareilly dated 06.07.2023 in respect of land bearing Gata No. 156 area 0.6053 hectare of revenue Village-Sarniya, Tehsil and District-Bareilly and also interest on the compensation amount.
2. The case of the petitioners is that their land aforesaid was notified for acquisition on 28.01.2022 under Section 3-A of the National Highways Act, 1956 (for short 'the Act') followed by notification under Section 3-D of the Act dated 13.09.2022. An award was declared by the competent authority on 06.07.2023. The value of land determined is Rs.3,02,65,000/-and of super structure as Rs.2,95,64,257/-. Thus, the petitioner has become entitled to a sum of Rs.5,98,29,257/-plus solatium and other statutory benefits. The total sum would be Rs.12,48,72,386/-. The competent authority addressed a communication to the Project Director, NHAI on 17.07.2023 for making available the requisite amount to facilitate payment of the compensation amount to the affected persons. The Project Director, in turn, sent a communication dated 19.
The National Highways Act, 1956 mandates that once land is vested in the Central Government, compensation must be paid to affected landowners regardless of possession, ensuring their rights are prote....
Section 3-G(4) of Act stipulates that such notice shall state particulars of land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner b....
Once the award amount is deposited with the 3rd respondent, the land acquisition proceedings are deemed to have been completed, and there is no necessity to go for initiation of fresh land acquisitio....
The judgment establishes that compliance with procedural requirements in land acquisition is essential, and failure to notify affected parties or timely deposit of compensation invalidates the acquis....
The court established that compliance with procedural requirements of the National Highways Act is essential for valid land acquisition, particularly regarding timely compensation to affected parties....
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