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MANOJ KUMAR TIWARI
Piyush Kumar – Appellant
Versus
District Magistrate, Haridwar – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
1. By means of this writ petition, petitioners have sought the following relief:-
2. The orders passed by Competent Authority Land Acquisition/Special Land Acquisition Officer, Haridwar are enclosed as Annexure 14 & 16 to the writ petition. By the order dated 15.07.2022, petitioners were asked to refund the amount paid as compensation to them, within fifteen days, failing which it may be recovered as arrears of land revenue. Careful perusal of the said order reveals that the land, for which compensation was paid to each of the petitioners, was acquired under National Highways Act, 1956 and substantial amount was paid to each of the petitioners. Thereafter, an objection was filed by legal heirs of Megh Raj S/o Asha Ram stating that land comprised in Khasra No. 332, for which petitioners were paid compensation, is subject matter of litigation and interim order has been passed by Hon’ble Supreme Court which is still operating and by suppressing this fact, petitione
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....
Point of Law : It is a settled principle of interpretation of statute that the provisions of any statute are to be interpreted to give effect to each of them to the extent possible without giving any....
In disputed land acquisition compensation apportionment, competent authority must refer to Principal Civil Court under National Highways Act Section 3H(4) and withhold payment; writ court cannot dire....
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.
Disputes regarding compensation apportionment for land acquisition must be resolved by the Principal Civil Court, not through writ jurisdiction, when an alternative remedy exists.
Point of law: while construing a legal provision, the first and foremost rule of construction is the rule of literal construction, and other rules of construction are called into aid only when the le....
Family settlements must be substantiated with clear evidence; a denial by one party negates claims based on such settlements.
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