NIRMAL SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant petition filed under Article 226 of the Constitution prays for quashing of order dated 11.11.2009 (P-4) passed by respondent No. 4 and a further prayer has also been made that the dispute regarding apportionment of the amount of compensation be referred to the Court of District Judge, Amritsar, in view of the mandatory provisions of Section 3H(4) of the National Highway Act, 1956 (for brevity, 'the Act'), pertaining to deposit and payment of amount of compensation in respect of the land acquired under the provisions of the Act.

(2.) The pivotal question which arises for consideration in the instant petition is whether the Competent Authority constituted under Section 3(a) of the Act would be acting within its competence and jurisdiction by determining the dispute concerning possession and/or ownership of the acquired land. The issue further would be whether the power of the competent authority under sub-section (3) of Section 3-H of the Act extends to partition of the acquired land and disbursement of compensation in favour of one shareholder by issuing direction to the authority to adjust the area of the acquired land as and when partition is to take place. Another issue would be whether the Competent Authority is obliged to make a reference of the dispute to the District Judge under sub-section (4) of Section 3-H of the Act.

(3.) Brief facts of the case are that on 25.8.2008 (P-1), the Union of India-respondent No. 1 issued a notification under Section 3A of the Act for acquisition of land alongside NH-1 from KM 412 plus 380 to KM 431 plus 300 (Jalandhar-Amritsar Section) in District Amritsar in the State of Punjab, including village Budha Theh (Beas) in Tehsil Baba Bakala, District Amritsar (P-1). The land measuring 28 Kanals 3 Marlas was the subject matter of acquisition in the said village. Thereafter on 14.1.2009, another notification under Section 3D of the Act declaring to acquire land measuring 28 Kanals 3 Marlas as mentioned in the Schedule of the said notification (P-2). On 25.5.2009 (P-3), the Competent Authority-cum-Sub Divisional Magistrate, Baba Bakala-respondent No. 3 announced the award fixing the price of the acquired land at the rate of Rs. 2,90,90,909/- per acre in respect of the land comprised in plots and at the rate of Rs. 1,28,000/- per acre in respect of un-irrigated land. With regard to disbursement of compensation, it was provided under para 7 as under:-