In Civil W.P. No.19152 of 2022-PUNJ HC- Under Sec.3H(4) of National Highways Act, dispute with respect to apportionment of award amount or to whom such amount would be payable, has to be referred to Principal Civil Court of original jurisdiction: P&H HC
Justice Anil Kshetarpal [29-08-2022]

Read Order: Swaran Singh v. State of Punjab and Others 

Monika Rahar

Chandigarh, September 2, 2022: In view of Section 3H(4) of the National Highways Act, 1956, the Punjab and Haryana High Court has directed the competent authority to forward the petitioner’s objections regarding the apportionment of amount in respect of his exclusively owned land which was acquired by the Central Government, to the competent court. 

The Bench of Justice Anil Kshetarpal held, “Section 3H(4) of the 1956 Act, the competent authority is required to refer the dispute to the decision of the Principal Civil Court of original jurisdiction, 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.”

Through this writ petition filed under Article 226/227 of the Constitution of India, the petitioner prayed for issuance of a writ in the nature of mandamus to direct the Competent Authority-cum-District Revenue Officer, Jalandhar, to decide his objections.

It was the case of the petitioner that he was an exclusive owner in possession of a certain piece of land which was acquired by the Central Government in exercise of the powers under the 1956 Act, vide an award. He further claimed that initially, the property was joint between the two brothers, however, on account of the family settlement, the land measuring 78 kanals and 18 marlas fell into his share and that the acquired land was out of the aforesaid share.

From a reading of the objections, the Court observed that the had already prayed to the Competent Authority-cum-District Revenue Officer, Jalandhar, to refer the matter to the Court.

In light of the above, the made reference to Section 3H(4) of the 1956 Act, to observed that by virtue of this Section, the competent authority is required to refer the dispute to the decision of the Principal Civil Court of original jurisdiction, 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.

Thus, keeping in view the aforesaid facts, the writ petition was disposed of while directing the competent authority to forward the reference along with the amount to the competent Court.