Excelsior Correspondent
Srinagar, Sept 1: The defective appeal filed by National Highway Authority of India (NHAI) against the enhanced award of compensation in lieu of land acquisition for four laning of national highway has led to upholding the award by the High Court.
National Highway Authority of India in 2005 intended acquisition of land for construction 4-lanning of National Highway (construction of bye pass) at village Sangam Tehsil Bijbehara, to the Collector Land Acquisition Anantnag.
The Collector (Addl. Deputy Commissioner) Anantnag, after initiating the land acquisition proceedings, acquired the land measuring 139 kanals, 02 marlas along with the land to which the award was questioned before the competent court of law on the ground that the award is inadequate.
The Principal District Judge Anantnag on the basis of evidence led by the parties, vide its judgment dated 15.07.2014, determined the compensation payable in favour of land owner for his property as Rs 2.87 Crores.
Aggrieved of the enhanced award by the trial judge, the NHAI challenged the same before the High Court without seeking permission from the court.
The NHAI argued that on a bare look of the provisions of the National Highways Act, it is evident and apparent that in the case of compulsory acquisition of land, it is the provisions of the National Highways Act, that occupy the field and being a subject specific provision relating to specific and defined subject viz. compulsory acquisition of land for the National Highway Authority, is regarded in law as an exception to and would prevail over general provisions relating to the compulsory land acquisitions under the general law viz. Land Acquisition Act.
The counsel appearing on behalf of the land owner apprised the court that the appeal filed by NHAI is liable to be dismissed as there is no merit in it as the authority or company for whom the land is acquired is through a proper party in the proceedings before trial Court and is entitled to be impleaded as a party in those proceedings wherein it can defend the determination of the amount of compensation by the Collector and oppose enhancement of the said amount and also adduce evidence in that regard.
Justice M Akram Chowdhary while dismissing the appeal of NHAI recorded that the State (now UT) of J&K has not filed any appeal against the impugned judgment and award passed by the Principal District Judge Anantnag, enhancing the compensation in favour of the property owner.
Justice Chowdhary added that the appellant (NHAI) as indenting company/authority, could file the appeal after craving leave of this court. The appellant (NHAI), however, has not laid any motion in that behalf and in absence of leave.
“The appeal on hand is not competent as such, not maintainable as the National Highway Authority of India, which is a ‘body Corporate’ or in other words the ‘Company’, has filed the appeal without seeking leave of the court in view of the clear ruling on the subject, the appeal filed by the appellant, thus, cannot be termed to be competent and is liable to be dismissed on this count only”, Court concluded.
Court directed the amount of compensation deposited during the pendency of the appeal before the Court is ordered to be remitted along-with interest, if any, to the Sessions Court Anantnag for making payment in accordance with decree.
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