Writ petitions are not maintainable for disputes over immovable property rights unless the claim is admitted by the opposing party.

 ORDER

4 th August 2023

The writ petitioner who was seeking compensation from the National Highway Authority of India (in short, “NHAI) for a piece of land ad-measuring about 20 decimals is aggrieved of the order dated 12 th May 2022 by which W.P(C) No.3771 of 2020 filed by her has been dismissed with a liberty to her to seek a declaration from a competent Court of civil jurisdiction as regards her right, title and interest over the said land.

2. The writ Court has observed as under:

“ Considering the rival submissions of the parties and looking into the fact that there is dispute with regard to the land, which the petitioner is claiming to be of Khata No.1/1, but as per the State, Khata No.1/1 is not existing, as such, this Court is not inclined to interfere with the prayer made in the instant Writ Petition.

Accordingly, the Writ Petition stands dismissed.

However, the petitioner is at liberty to move before the competent court having Civil jurisdiction for declaration of her right, title and interest and thereafter may move for compensation, in accordance with law.”

3. At the outset, Mrs. Sweety Topno, the learned counsel for the NHAI states that compensation for the construction made by the appellant over the property has been calculated and it is now open to the appellant to receive the compensation amount lying with the District Land Acquisition Officer-cum-Competent Authority at Hazaribag forthwith, if not already received.

4. Mr. Manoj Tandon, the learned counsel for the appellant refers to section 3A of the National Highways Act, 1956 to submit that the Gazette Notification published by the competent authority contains the description of land purchased by the appellant through sale-deed dated 26 th September 2007. However, a dispute has been sought to be raised on the ground that the land claimed by the appellant is comprised under Khata No.1/1 whereas the land which has been acquired is comprised under Khata No.1.

5. The submission made on behalf of the appellant is that notwithstanding this dispute it stands admitted that 20 decimals land comprised in Plot No.45/941 at Mauza-Dudhpania within Pargana-Barsaut Thana No.144 in Thana-Barhi, District-Hazaribag belongs to the appellant and, therefore, she is entitled for compensation thereto. On the other hand, Mrs. Sweety Topno, the learned counsel for the NHAI has placed reliance on the order dated 15 th May 2015 by which the Commissioner, North Chotanagpur Division at Hazaribag has transferred 0.5025 acres Gair Mazarua Khas Parti Kadim land comprised under Thana No.144 of Khata No.1 in Plot No.45 in its favour free of cost.

6. Therefore a dispute was raised before the writ Court by the NHAI over the claim of the appellant to seek compensation. Now whether 20 decimals land which has been purchased by the appellant through a registered sale-deed dated 26 th September 2007 within Plot No.45/941 at Mauza-Dudhpania falls within 0.5025 acres land transferred by the Commissioner, North Chotanagpur Division is a question of fact which could not have been decided in a writ proceeding. The dispute raised by the NHAI seems to be made on a substantial point in law and not raised only for the sake of opposing the claim of the appellant. This is a well-settled law that a writ petition involving a dispute regarding right, title and interest over immovable property is not maintainable except in cases where the claim of the applicant is admitted by the respondent.

7. Having regard to the aforesaid discussions, we are not inclined to interfere with the writ Court's order dated 12 th May 2022 and, accordingly, L.P.A No.501 of 2022 is dismissed.