Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | National Highways Authority Act 1956: s. 3H – Deposit and payment of amount – Compulsory acquisition – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | National Highways Authority of India Act, 1988 (68 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | National Highways Authority Act, 1956: s. 3H – Deposit andpayment of amount – Compulsory acquisition – Apportionment ofcompensation – Land of the appellants acquired for public purpose– Determination of the compensation payable to landowners by theSpecial Land Acquisition Officer-SLAO – Dispute by respondentsregarding the apportionment of the compensation betweenthemselves and the appellants – Competent authority, SLAOdetermined the shares of parties in the subject land and theappellants were satisfied with the same – However, the respondentschallenged the same before the District Magistrate by invoking s.3G(5) – District Magistrate granted higher shares in favour of therespondents – Writ application by the appellants – Dismissed byHigh Court – Correctness of – Held : When it comes to resolvingthe dispute relating to apportionment of the amount determinedtowards compensation, it is only the Principal Civil Court of originaljurisdiction which can do so – Principal Civil Court means the Courtof the District Judge – Dispute being of the nature triable by theCivil Court that the law steps in to provide for that to be referred tothe decision of the Principal Civil Court – Thus, the order passedby the District Magistrate is quashed and set aside – SLAO to referthe dispute to the Principal Civil Court of original jurisdiction inaccordance with sub-clause (4) of s. 3H of the Act.Interpretation of Statutes – Rule of interpretation – Literalrule – Explained. |
Judge | Hon'ble Mr. Justice J.B. Pardiwala |
Neutral Citation | 2023 INSC 606 |
Petitioner | Vinod Kumar & Ors. |
Respondent | District Magistrate Mau & Ors. |
SCR | [2023] 10 S.C.R. 387 |
Judgement Date | 2023-07-07 |
Case Number | 5107 |
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