SWARAN SINGH Vs. UOI

JUDGEMENT

(1.) The petitioner under Articles 226/227 of the Constitution of India seeks quashing of the order dtd. 31/8/2017 (P8) whereby the claim for releasing the compensation/damages to the petitioner in lieu of the acquired land for constructing the by-pass Laddowal Road to Ludhiana. The same was under the possession of the petitioner since 2014 as leasee and the claim has been rejected by respondent No.4 while exercising the powers of Land Acquisition and Rehabilitation Authority. Vide endorsement made on the said application, the Gram Panchayat was held to be owner of the land and cheque was accordingly directed to be given to the said Gram Panchayat Jainpur who is now sought to be impleaded as respondent No.5.

(2.) Reply of the official respondent as such is that the petitioner was tenant on the Panchayat land and as such not entitled to the compensation of the land and being the annual lease-holder was not entitled to the same. Sec. 3G(2) of the National Highways Act, 1956 provides that right of user or any right in the nature of an easement on any land is acquired under the Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-sec. (1), for that land. Sec. 3G(1)&(2) read as under:-

(3.) Once the aforesaid legal position is clear from the reading of the provisions itself, the consequence of determining the apportionment between the petitioner and the private respondents have to be left to the adjudication of the District Judge." Resultantly, this Court is of the opinion that the endorsement which has been made on the application by respondent No.4 was not justified. Accordingly directions are issued to the said respondent to refer the matter to the principal Court of original jurisdiction regarding the entitlement of the petitioner, if any, within 6 weeks from receipt of the certified copy of the order. It is made clear that the observations regarding the entitlement of the petitioner are only qua the reference of the dispute and the Reference Court shall decide the case independently on merits by issuing notice to the appropriate Gram Panchayat also.