Gurmukh Singh vs Union Of India And Ors

Harkesh Manuja, J

The present petition has been fileed with the following prayer:-

“Civil Writ Petition under Artticle 227 of the Constitution of India in thee nature of Mandamus directing the respondents to release the payment of compensation to the petitioneer on the account of acquisition of the landd of the petitioner at village Bouurhai Tehsil Ahmedgarh, Districtt Malerkotla and in pursuance to the notification dated 10.05.2021 (Annexure P-1) issued by respondent no. 1 & 2 and award dated 25.03.2022 (Annexure P-2) passed by respondent no. 4 alongwith interest @ 9% p.a. and further direction in the nature of Mandamus be issued direecting the respondents to consider and decide the legal notice dated 07.11.2022 (Annexure P-3) submitted by present petitioner.”

In response to the aforementioned writ petition, written statement has been filed on behalf of respoondent Nos.3 and 4 wherein, the following avverments have been made:-

“However, as has already beeen submitted that one Darbara Singh had raised objection regarding claim off the petitioner and as the objectorr Darbara Singh @ Dalbara Singh also filed his claim for compensation,, therefore vide letter No.2035/LA dated 15,,11,2022, both the claimant and objector (GGurmukh Singh and Darbara Singgh) were called for a hearing on 23.11.2022 in respect Khewat No.407. All landowners in Khewat No.399 were also called vide letter No.2041/LA dated 16.11.2022 forhearing on 23.11.2022.On 23.11.2022 the petitioner and objector (Gurmukh Singh and Darbara Singh) recorded their statements before the answering respondent wherein they stated that they may not be made payment of compensation till the decision of their court case. Payment to the rest of the landowners may be made as per their ownership share. It is submitted here that Section 3H (4) of the National Highways Act, 1956 provides that "if any dispute 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," The perusal of the plaint filed by Darbara Singh reveals that on the basis of khara numbers mentioned in the plaint/suit both Khewat Nos, 399 & 407 are in dispute between the petitioner and the objector. Hence, vide letter No.2644/CALA dated29-03-2023, the dispute as to the apportionment of the amount of compensation has been referred to this Hon'ble Court of District and Sessions Judge, Sangrur for releasing the compensation amount to the eligible persons as per Section 3H (4) of the National Highways Act, 1956. Amount of compensation of land for the khewat no. 399/614 & 407/63 1in respect of both the persons has been sent to the court of Hon'ble District and Sessions Judge, Sangrur through cheque No.000360 dated 29.03.2022 amounting Rupees 76,08,198.07 (Rupees Seventy Six Lac Eight Thousand One Hundred Ninety Eight and Paisa Seven only).”

In view of the above, once the dispute of apportionment of compensation and the matter has been referred to the competent authority under Section 3H(4) of the National Highways Act, 1956 with amount of compensation deposited to the learned Reference Court/competent authority, no further directions are required to be passed in the present writ petition.

Accordingly, the present petition is disposed of.

The petitioners shall be at liberty to pursue their rights before the competent authority in the petition under Section 3H(4) of the National Highways Act, 1956.