In CWP-12789-2022(O&M)-PUNJ HC- P&H HC allows petitioners to apply to competent authority u/s 3(H)(4) of National Highways Act, 1956 where property was acquired under Highways Act but petitioners applied u/s 76 of Land Acquisition Act of 2013: P&H HC Justice Anil Kshetarpal [02-06-2022]

Read Order: Deepali Sharma and Another v. Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and Another

LE Correspondent

Chandigarh, June 10, 2022: While dealing a writ petition wherein the acquisition was covered under the National Highways Act, 1956 and the petitioners applied under Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the Punjab and Haryana High Court has held that petitioners, if so advised, may apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956. 

The Bench of Justice Anil Kshetarpal added “Section 3(H)(4) of the National Highways Act, 1956, enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court.”

In this case, the petitioners prayed for the issuance of a writ in the nature of mandamus to direct the competent authority (Land Acquisition Collector) to refer the dispute with regard to the apportionment of the compensation to the Principal Civil Court. 

Admittedly, the petitioners were not the owners of the property but were claiming compensation on the basis of some agreement to sell.  

The Court was informed by Sh. Chopra, Additional Advocate General, Punjab that the Enforcement Directorate already restrained the competent authority from disbursing the amount of the owners which was an incorporated company.

After considering the above-stated facets of the case, the Court observed that Section 3(H)(4) of the National Highways Act, 1956, enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court. 

In light of the above, the Court observed that the matter pertained to acquisition under the National Highways Act, 1956 but the petitioners applied under Section 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Keeping in view the aforesaid facts, the Court held, “… the petitioners, if so advised, may apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956”. Thus, the revision petition was disposed of with these observations.