Dharamveer vs Union Of India And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

The case of the petitioner as canvassed through this writ petition is that the land of the petitioner comprised in plot No.665 admeasuring 0.5480 hectare and plot No.651 admeasuring 0.046 hectare was acquired by the respondent-NHAI for construction of National Highway No.334. The Competent Authority/ Land Acquisition Officer-respondent No.3 way back on 26.11.2022 determined the amount of compensation payable to the petitioner and the same was deposited by the NHAI before the Competent Authority-CALA-respondent No.3.

The dispute arose in apportionment of the said compensation when the real brother of the petitioner has come forward and claimed the compensation on the ground that he is also the owner in possession of the aforesaid land.

Now, the petitioner is before this Court for a direction to respondents to make the payment of compensation to him as he claims himself to be a sole owner in possession of the said land which has been acquired for the aforesaid purpose.

This Court cannot go into the details of the factual dispute between the petitioner and private respondent. However, under Section 3(H)(4) of the National Highways Act 1956, an arrangement is made to decide such kind of controversy and for that purpose, the matter should be referred by the CALA-respondent No.3 to the Principal Civil Court of the Original Jurisdiction on application having been made by the petitioner. Section 3H(4) of the National Highways Act 1956 is quoted herein below:-

“Section 3H(4): - If any disputes arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.”

Accordingly, the writ petition is dismissed. However, a liberty is given to the petitioner to move such application to the Competent Authority (CALA), who, thereafter, in accordance with the provision of Section 3H(4) of the National Highways Act 1956 may refer the such application to the Principal Civil Court of the Original Jurisdiction. Order accordingly.

Pending application(s), if any, stands disposed of.