Disputes regarding the entitlement or apportionment of compensation under the National Highways Act, 1956, must be adjudicated by the designated Competent Authority under the statutory mechanism; the High Court will not substitute this process through the exercise of extraordinary writ jurisdiction.

Order on Board

(Cause-title taken from Case Information System)

1. By filing the present petition, the petitioner assails not any specific order, but the continued inaction, apathy and willful negligence on the part of the respondent authorities, who have failed to discharge their mandatory statutory obligations under the National Highways Act, 1956 (for short, ‘the Act of 1956’). Despite the determination of compensation in accordance with the provisions of Section 3G of the Act of 1956, the respondent authorities have neither taken steps to disburse nor to distribute the awarded amount to the rightful claimant, thereby causing grave prejudice and financial hardship to the petitioner. The petitioner, therefore, invokes the extraordinary jurisdiction of this Court seeking issuance of an appropriate writ, order or direction commanding the respondent authorities to forthwith release and disburse the compensation amount lawfully determined in his favour under the provisions of the Act of 1956. The petitioner has prayed for following relief(s) :-

“10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.

10.2 That, this Hon'ble Court may kindly be pleased to direct the respondents to disburse/distribute the amount of compensation to the petitioner as determined under the provision of National Highways Act, 1956 and further be pleased to direct the respondents to grant interest on the amount of compensation from the date of notification till date of actual payment to the petitioner.

10.3 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.”

2. Learned counsel for the petitioner submits that the petitioner is the recorded owner and in possession of the lands bearing Khasra Nos. 1204 and 1306 situated at Village Afrid, Tahsil Saragaon, District Janjgir-Champa (C.G.), which were acquired by the respondent authorities for the purpose of construction/widening of National Highway No. 200 (New No. 49) under the provisions of the National Highways Act, 1956. It is submitted that though an award was duly passed on 30.07.2016 and the compensation amount was determined under Section 3G of the Act of 1956, the same has not been disbursed to the petitioner till date. It is further submitted that the property in question had originally been obtained by the petitioner’s predecessor through a Tabadalanama, and pursuant thereto, the competent Tahsildar, after due inquiry and consideration of relevant documents, has passed an order recognizing the petitioner’s rights over the said land. On the basis of such Tabadalanama and the order passed by the Tahsildar, mutation has duly been effected in the revenue records, and the petitioner’s name presently stands recorded in B-1 and P-II, thereby conclusively establishing his lawful title and entitlement over the land in question.

3. Learned counsel further submits that initially, due to an inadvertent error, the name of one Prem Bai was reflected in the notification instead of the petitioner. However, upon objection raised by the petitioner, the said error stood rectified through the mutation proceedings. Despite such correction and despite the petitioner being the rightful owner, the respondent authorities have failed to disburse the compensation amount in his favour. It is thus submitted that