Disputes regarding compensation entitlement in land acquisition must be referred to the Civil Court as per Section 3H(4) of the National Highways Act, 1956.

Order

05/02/2024

1. Aggrieved by the order dated 30.03.2016 passed by the competent officer (Land Acquisition), Sub-Divisional Officer, Saipau, the instant writ petitions have been filed by the petitioners before this Court under Article 226 of the Constitution of India.

2. Counsel for the petitioners submits that the lands in question were acquired by the National Highway Authority of India and the petitioners purchased the lands in question from the original khatedar by way of the registered sale deeds. Counsel submits that while determining the amount of compensation, a direction has been issued by the Land Acquisition Officer for disbursement of the amount of compensation in favour of the khatedars. Counsel submits that when the lands in question have already been purchased by the petitioners, then they above are entitled to get the amount of compensation against the acquired lands in question and in any case, the khatedars are not entitled to get the same. Counsel submits that compromise has taken place between the petitioner as well as the khatedars wherein it contended by the khatedars that they have no objection, in case the determined compensation is paid to the petitioner. Counsel submits that these facts were brought into the notice of the competent officer (Land Acquisition), at the time of passing of the impugned order dated 30.03.2016. Counsel submits that as per the provision contained under Section 3H of the National Highways Act, 1956 (for short, ‘the Act of 1956’), the petitioners are entitled to get the amount of compensation as determined by the Land Acquisition Officer, therefore, appropriate directions be issued in this regard to authority concerned.

3. Per contra, learned counsel for the respondents opposed the arguments raised by the counsel for the petitioners and submits that compensation is always paid to a person, whose name is figured out in the revenue record and if the petitioners have purchased the lands in question from the khatedars, then they ought to have approached the Civil Court for determination of their rights, in terms of sub-section (4) of Section 3H of the Act of 1956. Counsel submits that the competent officer Land Acquisition-cum-Sub-Divisional Officer has not committed any error in directing the petitioners to get their rights determined from the competent Civil Court, for getting the amount of compensation. Hence, under these circumstances, interference of this Court is not warranted.

4. Heard and considered the submissions made at Bar and perused the material available on the record.

5. This fact is not in dispute that the petitioners are claiming themselves as owners of the lands in question on the basis of the registered sale deeds executed by the original khatedars in their favour now the only question which remains for consideration before this Court is “whether the competent officer (Land Acquisition) was having any authority to pass an order in this regard, while determining the amount of compensation”.

6. Section 3H of the Act of 1956 being relevant to decide the controversy involved in this petition, hence, the same is reproduced as under for ready reference:-

“3H. Deposit and payment of amount-(1) The amount determined under Section 3G shall be deposited by the Central Government in such manner as may be laid down by the rules made in this behalf by that Government, with the competent authority before taking possession of the land.

(2) As soon as may be after the amount has been deposited under sub-Section (1), the competent authority shall on behalf of the Central Government pay the amount to the person or persons entitled thereto.

(3) Where several persons claim to be interested in the amount deposited under sub-section (1), the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them.

(4) If any dispute arises as to the appointment of the amount or any part thereof or to any person to whom the same or any par