Land Acquisition | S.3(H)(4) National Highways Act Enables Non-Owners Interested In Compensation To Approach Competent Authority: Punjab & Haryana HC

The Punjab and Haryana High Court while dealing with a writ petition pertaining to land acquisition under the National Highways Act, 1956, has held that Section 3(H)(4) thereof enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court. 

The observation was made while dealing with a writ in the nature of mandamus wherein the petitioners were praying to direct the competent authority-Land Acquisition Collector to refer the dispute with regard to the apportionment of the compensation to the Principal Civil Court.

The writ was moved by Deepali Sharma and another, who admittedly were, not the owners of the property and claimed compensation on the basis of some agreement to sell.

The bench comprising Justice Anil Kshetarpal observed that the petitioners had made an application under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Thus, it granted liberty to apply to the competent authority under the National Highways Act, 1956.

Case Title: Deepali Sharma and another Versus Sub Divisional Magistrate cum Land Acquisition Collector, Mohali and another 

Citation : 2022 LiveLaw (PH) 149

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