Union of India v. S.Venu
Case brief
What is this about?
The Court withdrew an earlier order directing NHAI to pay compensation from an award executed by a District Revenue Officer alleged to be tainted by fraud. Declaring the award non est, the Court directed a fresh inquiry to be completed by July 31, 2021.
What did the court decide?
Withdrawal of order dt. 10.03.2020 in W.P. No. 35530 of 2019; declaration that the award of 23.04.2019 is non est; closure of contempt and review petitions; direction for fresh inquiry by 31.07.2021.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ORDERS RESERVED ON : 23.03.2021
PRONOUNCING ORDERS ON : 25.03.2021
CORAM
THE HONOURABLE JUSTICE MR.N.ANAND VENKATESH
Rev.Appln.No.56/2020 in W.P.No.35530/2019
and W.P.No.9385/2020 and Cont.P.No.569/2020 and
Sub.Appln.No.287/2020 and WMP.No.11469 of 2020
Rev.Appln.No.56/2020
1.The Secretary,
Union of India,
National Highways Authority of India,
New Delhi,
2 THE CHAIRMAN
The National Highways Authority of India,
G-5 and 6 Sector, 10 Dwarka,
New Delhi 110 015.
3 THE NATIONAL HIGHWAYS AUTHORITY OF INDIA
Rep. by its Regional Officer
Sir tower 3rd Floor,
DP. 34 (SP) Industrial Estate,
Guindy,
Chennai 600 03
1/26
2
4 THE PROJECT DIRECTOR (NH 4) National Highways Authority of India, PIU-Kancheepuram, Sri Tower 3rd Floor, DP.34(SP),Industrial Estate, Guindy, Chennai 600 032. ..Petitioners .Vs 1. S.Venu 2. The District Collector Collector Vellore District. 3. The Competent Authority & The Special District Revenue officer (L.A.N.H) Collectors office Complex, Vellore 9 Vellore District. 4. The Competent Authority & The Special District Revenue Officer (L.A) National Highways Kancheepuram. ..Respondents Prayer : Review Application filed under Order XLVII, Rule 1 & 2 r/w Sec.114 of C.P.C., 1908, to review the order passed by this Honourable Court in W.P.No.35530 of 2019 dated 10/03/2020.
Issues for consideration
3 issues framed by the court
Whether the court can withdraw an earlier order directing payment of compensation when the underlying award is alleged to be tainted by fraud and malfeasance by the competent authority.
Whether a compensation award passed without depositing the amount with the National Highways Authority of India as mandated by National Highways Rules, 2019 Rule 3, is enforceable.
How to balance public interest in ensuring a scandal-free acquisition process with the timely payment of compensation to landowners.
Parties & counsel
- appellant
The Secretary, Union of India
- appellant
The National Highways Authority of India
- respondent
S. Venu
- respondent
The District Collector, Vellore
- respondent
The Competent Authority & Special District Revenue Officer
- intervenor
Case details
As recorded by the court registry
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