Disposed

Manju Devi v. National Highway Authority of India

Uttarakhand HC3 Jun 2024WPMS/1372/2024

Case brief

AI extract

What is this about?

Writ petition seeking release of compensation for land acquired by NHAI was disposed of. The court noted a title dispute referred to the Principal Civil Court under Section 3H(4) of the National Highways Act, 1956, and directed expeditious adjudication.

What did the court decide?

Direction to District Judge, Dehradun to decide the reference under Section 3H(4) of the National Highways Act, 1956 within four months.

SL.
No

Date

Office Notes,
reports, orders
or proceedings
or directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

W PMS 1 3 7 2 / 2 0 2 4
Hon’ble Man oj Ku m ar Tiw ar i, J.
Mr. Vinay Kumar, Advocate, for
the petitioners.
Mr. Suyash Pant, Brief Holder,
for the State.
(2)
According to petitioners, their
land was acquired by National Highways
Authority
of
India
for
expansion
of
National Highway No. 72. The grievance
raised by petitioners is regarding non-
payment of compensation. Petitioners
submit that the amount determined by
the
Competent
Authority,
Land
Acquisition has been deposited by the
National Highways Authority of India with
the
Special Land Acquisition Officer,
Dehradun, but the amount so deposited
is not being released in their favour. The
relief sought in the writ petition is as
follows:

“(i) Issue a writ, order or
direction in the nature of Mandamus
directing the respondent Special Land
Acquisition Officer, Dehradun to release
the compensation amount in favour of
the petitioners in respect of the land
bearing Khasra No. 540(Ga) having an
area of 0.384 hectares situated at Mauza
Shishambada,
Tehsil
Vikas
Nagar,
Dehradun inasmuch as the amount of
compensation for the land acquired for
expansion of National Highway No. 72

has already been deposited by NHAI with the SLAO, Dehradun along with interest on the delay payment.”
(3) Learned Counsel for the respondents has drawn attention of this Court to the order dated 15.3.2023,
passed by Competent Authority/ Special Land Acquisition Officer, Dehradun. Perusal of the said order reveals that
there is a dispute regarding title over the land, which was acquired by the National Highways Authority of India, and the said dispute has been referred for adjudication to Principal Civil Court under Section 3H(4) of National Highways Act, 1956. Section 3H(4) of the said Act is
reproduced below: - “If any dispute arises as to the apportionment of the amount or any part
thereof or to any person to whom the same or any part thereof is payable, the
competent authority shall refer the dispute to the decision of the principal
civil court of original jurisdiction within the limits of whose jurisdiction the land is situated.”
(4) Since there is a dispute
regarding ownership over the land, in
question, therefore, the Competent
Authority, Land Acquisition was justified
in referring the dispute to Principal Civil
Court under Section 3H(4) of the
aforesaid Act.
(5) Having regard to the facts of
the case, writ petition is disposed of with
a request to District Judge, Dehradun to make endeavourto decide thereference

has already been deposited by NHAI with
the SLAO, Dehradun along with interest
on the delay payment.”

(3)
Learned
Counsel
for
the
respondents has drawn attention of this
Court to the order dated 15.3.2023,

passed by Competent Authority/ Special
Land
Acquisition
Officer,
Dehradun.
Perusal of the said order reveals that

there is a dispute regarding title over the
land, which was acquired by the National
Highways Authority of India, and the said
dispute
has
been
referred
for
adjudication to Principal Civil Court under
Section 3H(4) of National Highways Act,
1956. Section 3H(4) of the said Act is

reproduced below: -
“If any dispute arises as to the
apportionment of the amount or any part

thereof or to any person to whom the
same or any part thereof is payable, the

competent
authority
shall
refer
the
dispute to the decision of the principal

civil court of original jurisdiction within
the limits of whose jurisdiction the land is
situated.”

(4)
Since
there
is
a
dispute

regarding ownership over the land, in

question,
therefore,
the
Competent

Authority, Land Acquisition was justified

in referring the dispute to Principal Civil

Court
under
Section
3H(4)
of
the

aforesaid Act.

(5)
Having regard to the facts of

the case, writ petition is disposed of with

a request to District Judge, Dehradun to
make endeavourto decide thereference

made under Section 3H(4) of the National Highways Act, 1956 as early as possible, preferably within four months from the date of production of certified copy of this order.
(6) It shall be open to petitioners to raise all contentions before the Court concerned.
( Man oj Ku m ar Tiw ar i, J.)
3 .6 .2 0 2 4 Pr

made
under
Section
3H(4)
of
the
National Highways Act, 1956 as early as
possible, preferably within four months
from the date of production of certified
copy of this order.

(6)
It shall be open to petitioners
to raise all contentions before the Court
concerned.

( Man oj Ku m ar Tiw ar i, J.)

3 .6 .2 0 2 4
Pr

Manju Devi v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

Manju Devi v. National Highway Authority of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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