Partly allowed

Shyam Bir v. National Highway Authority of India & Ors.

Punjab & Haryana HC9 Sept 2016CWP/18761/2016

Case brief

AI extract

What is this about?

This court disposed of a writ petition where the petitioner requested solatium and interest on acquisition compensation under the National Highways Act, 1956. The petitioner relied on prior rulings extending these benefits. The court directed the competent authority to determine and pass a supplementary award if entitled.

What did the court decide?

Ordered the competent authority to determine the claim and pass a supplementary award for solatium and interest within four months of application. Directed NHAI to deposit the amount in an interest-be

Shyam Bir Vs National Highway Authority of India… — Land Acquisition | Punjab & Haryana HC (2016)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.18761 of 2016. Date of Decision: September 09, 2016

Shyam Bir

......Petitioner

versus

National Highway Authority of India and others .....Respondents

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CORAM: HON'BLE MR.JUSTICE SURYA KANT. HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

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Present: Mr.Sanjeev Kumar Panwar, Advocate, for the petitioner. Mr.Rishi Kaushal, Advocate for NHAI. Mr.Rajesh Bhardwaj, Additional AG, Punjab.

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-.-

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Whether Reporters of Local papers may be allowed to see the judgment?

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To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Surya Kant, J . (Oral)

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Notice of motion.

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On our asking, Mr.Rishi Kaushal, Advocate accepts notice on behalf of respondent Nos.1 & 2 and Mr.Rajesh Bhardwaj, Additional Advocate General, Punjab, accepts notice on behalf of respondent No.3.

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Let two copies of the writ petition be supplied to each abovenamed learned counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.

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In view of the nature of order which we propose to pass, it is not necessary to seek any counter-reply from the respondents at this stage.

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The petitioner is a resident of village Khushrupur, Tehsil and Mohinder Kumar Kamboj 2016.09.14 11:49 I attest to the accuracy and integrity of this documentDistrict Palwal. His land, as described in para No.2 of the writ petition, has Chandigarh

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CWP No.18761 of 2016

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[2]

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been acquired by respondent No.1 under the National Highways Act, 1956, for widening of National Highway No.2 (Eastern Peripheral Express Way).

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The Award was passed in the year 2014 by the Land Acquisition Collector/Competent Authority.

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The petitioner's main grievance is that while assessing the compensation, the benefits of Sections 23 and 28 and 34 of the Land Acquisition Act, 1894 (hereinafter referred to as '1894 Act'), namely, solatium and interest have not been granted to him despite the fact that this Court in M/s Golden Iron and Steel Forgings versus Union of India and others, 2011 (4) RCR (Civil) 375, has categorically held that in the case of acquisition under the National Highways Act, 1956 also, these two statutory benefits are equally admissible to the affected land-owners. The petitioner also relies upon the decisions of this Court, dated 27.9.2012 passed in CWP No.7457 of 2012 (Bhag Singh and another versus Commissioner, Jalandhar Division and others) and dated 27.9.2012 in CWP No.14642 of 2012 (Prem Kaur versus Union of India and others), whereby the benefits of solatium and interest in terms of the above-cited decision, were extended to similarly situated land-owners.

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The petitioner, besides submitting the applications etc., has been running from pillar to post for the release of above-mentioned benefits but the same are said to have been withheld on the plea that there are no such directions given by this Court in his favour.

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We have heard learned counsel for the parties at some length and gone through the record.

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The principles laid down by this Court in Golden Iron and Steel Mohinder Kumar Kamb oj Forgings's case (supra), are undisputable. The fact that the benefit of 2016.09.14 11:49 I attest to the accuracy and integrity of this document Chandigarh

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CWP No.18761 of 2016 [3]

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solatium and interest has been extended to other similarly situated landowners vide order dated 27.09.2012 in Bhag Singh's case (supra), can be hardly denied. In these circumstances, it appears imperative upon the respondents to consider the petitioner's claim for the grant of solatium and interest in accordance with the decision of this Court in Golden Iron and Steel Forgings's case (supra).

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The writ petition is accordingly disposed of in the following

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terms:-

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(i) The petitioner may apply to the Competent Authoritycum-Land Acquisition Collector within a period of one month for the grant of aforesaid benefits;

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(ii) The said Competent Authority will issue notice and call for the records/reply from the National Highway Authority of India;

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(iii) The Competent Authority shall thereafter determine the petitioner's claim for the aforesaid benefits, especially in view of the decisions of this Court and the Hon'ble Supreme Court, as relied upon by the claimant(s);

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(iv) If the petitioner is found entitled to, a self speaking supplementary Award to this effect shall be passed within a period of four months from the date of filing of the application;

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(v) The National Highways Authority of India is directed to deposit the amount payable in terms of the supplementary award, in interest-bearing fixed deposit account(s) in any nationalized bank which shall be disbursed subject to

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Mohinder Kumar Kamboj 2016.09.14 11:49 I attest to the accuracy and integrity of this document Chandigarh

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[4]

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CWP No.18761 of 2016

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attaining finality of the litigation in the instant case.

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The writ petition stands disposed of accordingly.

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[SURYA KANT] JUDGE