The CALA must verify property claims and disburse compensation under the NH Act, ensuring timely resolution of disputes.

JUDGMENT

[WP(C) Nos.8577/2021, 10843/2021]

The petitioner in these two cases - which are being heard together on account of the analogous factual circumstances presented and similarity in the reliefs sought for - is stated to be having interest over certain extents of property, which have now been acquired for the purpose of the National Highway Authority of India (NHAI).

2. The petitioner asserts that he is entitled to full compensation with respect to the properties acquired and thus prays that the Competent Authority for Land Acquisition (CALA), appointed under the provisions of the National Highways Act (“NH Act”), be directed to disburse the said amounts without any further delay.

3. I have heard Sri.T.Krishnan Unni, learned senior counsel, instructed by Sri.Jeswin P.Varghese - appearing for the petitioner; Sri.Aamir Sohrab, learned counsel appearing for the party respondents in both cases; and Smt.K.Amminikutty, learned Senior Government Pleader. 4. The learned Senior Government Pleader submitted that the request of the petitioner in these cases cannot be acceded to because the party respondents are rising an opposing claim against their entitlement to the disbursement of the amounts under the Award. She submitted that the best that the CALA can do is to deposit the amounts under Section 3H (4) of the “NH Act” and prayed that this be allowed to be done. After saying so, she, however, added that the properties acquired are comprised of in Sy.No.61/1A1, while the rival claims in these cases appear to be impelled against properties comprised of in Sy.No.61/2A. She submitted that this may also be allowed to be considered by the CALA appropriately, when the afore exercise is completed.

5. When I assess the afore submissions, it is without doubt that when there are two claims with respect to the same property acquired for the purpose of NHAI, the CALA can only act as per Section 3H of the “NH Act”. Going by (3) of the said Act, the CALA can disburse the amounts only if there are no contests; while, if there is so, it will have to proceed under the provisions of (4) of the said Act.

6. That said, since the learned Senior Government Pleader says that the acquired properties appear to be different from the ones claimed by the rival parties in these cases, this is also something that CALA will have to verify before taking final action.

7. Resultantly, I allow these writ petitions to the limited extent of directing the CALA to hear both sides with respect to the properties acquired; and to then act as per Sections 3H (3) and 3H(4) of the “NH Act”, thus leading to apposite action, including deposit of the amounts before the competent Civil Court, if it is so found warranted, without any avoidable delay.

Needless to say, the rival parties to these cases are left with full liberty to impel and pursue all the contentions before the competent Civil Court, as and when the afore exercise is completed; for which purpose, all their contentions are left open.