The Competent Authority under the National Highways Act must refer disputes regarding compensation apportionment to civil court, and decisions outside this jurisdiction are challengeable.

JUDGMENT

T. Amarnath Goud, J. - Heard Mrs. P. Dhar, learned counsel appearing for the petitioner and also heard Mr. Bidyut Majumder, learned Deputy Solicitor General appearing for the Union of India as well as Mr. Pradip Chakraborty, learned counsel appearing for the proforma-respondents.

2. The present writ petition has been filed by the petitioner under Section 226 of the Constitution of India for setting aside the order dated 04.11.2022 passed by the Competent Authority for NH-108B (ADM & Collector), West Tripura in Apportionment Serial No.1 in LA Case No.1/MNP/2020 of Mouja-Tulabagan Sheet No. 1/p.

3. Brief facts, in a nutshell, are that for the purpose of upgradation of National Highway from Agartala to Khowai (NH-108B) land measuring 0.63 acres recorded in plot No.278/p of Khatian No.861 of Mouja-Tulabagan Sheet No.1/p was acquired by formal notification and L.A Case No.1/MNP/2020 under West Tripura District. The award was drawn up under Section 3(g) of the NATIONAL HIGHWAYS ACT , 1956 in the name of the Raiyat and the petitioner as occupier. The petitioner filed objection and sought for reference for determination of apportionment before the Competent Authority but the authority without referring the matter as required by law passed the impugned order dated 04.11.2022.

4. The petitioner submitted a petition for not releasing the compensation to the legal heirs of late Suresh Chandra Paul and the Competent Authority (respondent No.2 herein) after receiving the same, issued notices on the petitioner dated 31.08.2022, 15.09.2022, 28.10.2022 to appear for final hearing on 04.11.2022. The petitioner filed objection dated 04.11.2022 before the Land Acquisition Collector, West Tripura, Agartala and prayed that the matter be referred before the Land Acquisition Judge, West Tripura, Agartala for deciding the matter of apportionment of the compensation amount.

5. The competent authority (respondent No.2) instead of referring the prayer of the petitioner to civil court having original jurisdiction as per the provisions under Section 3H(4) of the NATIONAL HIGHWAYS ACT , 1956, decided the matter and passed impugned order dated 04.11.2022. The petitioner alleged that the decision of the respondent No.2 was totally beyond the jurisdiction vested in him under the NATIONAL HIGHWAYS ACT .

6. The Competent Authority vide order dated 04.11.2022 observed that despite being afforded with ample opportunities to the petitioner to establish his claim, he failed to ascertain his right, title over the land measuring 0.63 acres under plot No.278/p of Khatian No.861 of Mouja-Tulabagan barring produced one un-registered written statement. The authority further observed that un-registered instrument could not be treated as valid document regarding the land related issue. The relevant portion of the order reads as follows :

'Heard both the parties present hearing. Lots of opportunity was given to Sri Harendra Rudrapaul to establish right title over the land but he fails to establish his right title over the land measuring 0.63 acres under plot No.278/p of Khatian No.861 of Mouja-Tulabagan Sheet No.1/part under Mohanpur Sub-Division except producing one unregistered written document. Un-registered instrument cannot be treated as valid document regarding land related issue. Apart from the above, it is ordered that the award against apptt Sl No.1 to be corrected in the name of Nepal Rudrapaul S/O Lt. Suresh Rudrapaul based on the registered Power Attorney vide No. 2022/MNP/IV/14971 dated 25.07.2022 as well as Survival certificate vide No. SURC/2022/04843 dated 20.05.2022. Moreover, for the remaining rest land held in the name of Suresh Rudrapaul out