Entitlement to compensation under the National Highways Act mandates sufficient documentation demonstrating a claim, which was absent in this case.

The above writ petition is filed seeking a direction to the respondents to disburse an amount of Rs.9,57,138/- by respondents 2 and 3 and Rs.2,00,000/- by respondents 1 and 4 in the light of section 3G(1) and (2) of the National Highways Act and Ext.P7 GO (MS) No.448/2017.

2. The petitioner claims to be running a printing firm named 'Fine Print' in a rented building. The petitioner has obtained licence for the same and he has been paying tax in respect of the same, as evident from Exts.P1 and P1(a). The landlord has also issued Ext.P2 consent letter to the local authority for renewing the business activities. While so, a notification for acquiring the land containing the building aforesaid for the purpose of widening National Highway 66 has been issued to the petitioner. Ext.P3 notice for vacating the land and approval of compensation was issued to the landowners whereby the owner was entitled to receive an amount of Rs.95,71,382.68 and it is the contention of the petitioner that as per Section 3G (2) of the National Highway Act, he is entitled to 10% of the same. Ext.P4 notice was issued to the petitioner directing him to vacate the premises. Thereupon the petitioner approached the 1st respondent by submitting Ext.P5

letter for getting compensation to which Ext.P5(a) communication was issued to include the case of the petitioner in the Rehabilitation and Resettlement package and to take appropriate decision on the same. By Ext.P6 communication the 2nd respondent informed the petitioner that the Special Tahsildar, LA(NH), Unit-I, Kasaragod has recommended the application submitted by the petitioner for financial assistance under the Rehabilitation and Resettlement package and necessary funds for the same were requested from the Project Director National Highway Authority of India, Kannur and that action will be taken to disburse the financial assistance after the receipt of fund from National Highway Authority of India. The petitioner submits that no action has been taken till date and by going by Ext.P7 Government Order, the petitioner is entitled for an amount of Rs.2,00,000/- as one time assistance. Thereupon Exts.P8 and P8(a) requests were submitted by the petitioner before the 1st respondent to disburse the amount due to him under Ext.P7. The grievance raised by the petitioner is that no further action has been taken to grant the amounts due to the petitioner as per the Rehabilitation and Resettlement package.

3. When the matter came up for consideration on 21.11.2023, this Court has issued a direction to the 2nd respondent to dispose of the application submitted by the petitioner referred to in Ext.P6

within an outer limit of one month and with a further direction to the said respondent not to disburse any amounts due to the additional 5th respondent pursuant to the arbitration application filed by him, without obtaining further orders from this Court.

4. A statement has been filed by the National Highway Authority wherein it is stated that the petitioner was not a party in the land acquisition proceedings and no claim has been raised by the petitioner during pendency of the land acquisition case for any benefits and that he has not filed any application or objection under Section 3C or any claim of right under Section 3G in response to the publication of notice under (3) and that he is not eligible for the benefits under (2) as he is a building tenant who occupied the building as agreed by the land owner on execution of an agreement. It is further averred that the petitioner is not entitled for any compensation under (2) of the National Highway Act as there is no documentary proof or declaration from the competent authority to the effect that he has a right in the nature of an easement on any land acquired under the Act. It is further stated that the application submitted by the petitioner for the benefits of the Rehabilitation and Resettlement package is pending consideration for want of necessary funds