IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

125

CWP-20319-2021

Date of decision:05.10.2021

M/S ORIENT STEEL AND INDUSTRIES LIMITED

...Petitioner

Versus

UNION OF INDIA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Anil Kumar Rana, Advocate,

for the petitioner.

Mr. Samarth Sagar, Additional Advocate General, Haryana

ANIL KSHETARPAL, J (Oral)

Through this writ petition, the petitioner prays for issuance of a

writ in the nature of mandamus directing the competent authority to release

the payment of compensation for acquisition of land under the National

Highways Act, 1956.

The petitioner claims to be an owner in possession of a certain

piece of land which has been acquired by the Central Government for

National Highway Authority of India. The petitioner further claims that the

competent authority has released the amount of compensation to the

Haryana Urban Development Authority (now re-named as Haryana Sehri

Vikas Pradhikaran). In essence, the petitioner claims that the competent

authority has erred in releasing the amount of compensation for the acquired

land.

The petitioner filed an application before the competent

authority which has been dismissed on the ground that as per the revenue

NARESH KUMAR

2021.10.07 09:27

I attest to the accuracy and

integrity of this document

CWP-20319-2021

-2-

record, the acquired land is in the name of Haryana Urban Development

Authority (now re-named as Haryana Sehri Vikas Pradhikaran) in the

ownership column of the jamabandi and the petitioner has not lodged any

claim before 12.06.2017.

As per Section 3(H)(4) of the National Highways Act, 1956,

any interested person claiming entitlement to the amount of compensation is

entitled to request the competent authority to refer the dispute to the decision

of the principal civil court of original jurisdiction of the district where the

land is situated. In the present case, the petitioner shall be required to

establish his title.

Keeping in view the aforesaid facts, the petitioner is relegated

to an alternative remedy.

Disposed of accordingly.

All the pending miscellaneous applications, if any, are also

disposed of.

October 05, 2021

(ANIL KSHETARPAL)

nt

JUDGE

Whether speaking/reasoned

: Yes/No

Whether reportable

: Yes/No

NARESH KUMAR

2021.10.07 09:27

I attest to the accuracy and

integrity of this document