Case Note & Summary
The petitioners, Tushar Laxman Bhakare @ Chawhan and Baby Laxman Bhakare @ Chawhan, are owners of land admeasuring 3 Ha-39 Ares from Gat No.402 situated in Village Kalewadi, Taluka Indapur, District Pune. By an award dated 7 December 2011, the competent authority acquired 2250 sq.mtrs of their land from Gat No.402. However, the petitioners assert that possession of 10600 sq.mtrs of land was taken, although the award only referred to 2250 sq.mtrs. On 15 June 2012, the Highway Authority issued a notification under Section 3(1) of the National Highways Act, 1956, regarding an additional area of 8350 sq.mtrs, but this notification was not pursued, and no award was made or compensation paid for this extra area. The petitioners placed on record a report from the land survey department dated 20 July 2015 certifying that the total area of 10600 sq.mtrs had been acquired from Gat No.402 and a road built over it. They also placed a communication dated 5 March 2013 from the Deputy Superintendent of Land Records, a communication dated 27 October 2016 from NHAI to the Special Land Acquisition Officer stating that the total area affected due to National Highway-9 is 10600 sq.mtrs, and a letter dated 3 March 2017 from the Deputy Collector (Land Acquisition) No.17 to the Project Director of NHAI requiring notification for acquisition of additional land. The petitioners contended that the additional land of 8350 sq.mtrs was taken possession of without authority of law and without compensation, and sought compensation or acquisition. The State Government, through an affidavit by Ms. Aarti Bhosale, Collector (Land Acquisition) No.17, did not seriously dispute the petitioners' case and only recorded follow-up with NHAI. The court noted that the authorities admitted to possessing the additional lands and that proposals were initiated to acquire the extra land but not concluded. The court held that the respondents cannot retain possession of the land without paying compensation, as it would violate Article 300A of the Constitution. The court directed the respondents to pay compensation for the use and occupation of the additional land from the date of possession until the date of acquisition or return of possession, and to initiate acquisition proceedings under the National Highways Act, 1956 within three months if they wish to retain the land. The writ petition was disposed of with these directions.
Headnote
A) Constitutional Law - Right to Property - Deprivation of Property - Article 300A of the Constitution of India - The petitioners' land was taken possession of by the NHAI without any acquisition proceedings or payment of compensation for the additional area of 8350 sq.mtrs. The court held that such deprivation without authority of law violates Article 300A and directed the respondents to pay compensation for the use and occupation of the land and to initiate acquisition proceedings if they wish to retain the land. (Paras 13-18) B) Land Acquisition - National Highways Act, 1956 - Sections 3(1) and 3A - Compensation for Unauthorized Possession - The NHAI issued a notification under Section 3(1) of the National Highways Act, 1956 for additional area but did not pursue it. The court held that the respondents cannot retain possession without paying compensation and directed them to pay compensation for the period of possession and to acquire the land if needed. (Paras 5, 12, 17-18) C) Writ Jurisdiction - Article 226 of the Constitution of India - Summary Disposal - The court exercised its writ jurisdiction despite the summary nature, as there were no disputed questions of fact and the authorities admitted to possessing the additional lands. The court directed the respondents to pay compensation and initiate acquisition proceedings. (Paras 6, 17-18)
Issue of Consideration
Whether the petitioners are entitled to compensation for the additional land of 8350 sq.mtrs taken possession of by the NHAI without any acquisition proceedings or payment of compensation, and whether the court can direct the respondents to acquire the land and pay compensation under Article 226 of the Constitution.
Final Decision
The court disposed of the writ petition with directions: (1) The respondents shall pay compensation for the use and occupation of the additional 8350 sq.mtrs of land from the date of possession until the date of acquisition or return of possession, at a rate to be determined by the competent authority; (2) If the respondents wish to retain the land, they shall initiate acquisition proceedings under the National Highways Act, 1956 within three months and complete them within a reasonable time; (3) If they do not wish to retain, they shall restore possession to the petitioners within three months.
Law Points
- Article 300A of the Constitution of India
- Right to compensation for deprivation of property
- Section 3(1) of the National Highways Act
- 1956
- Section 3A of the National Highways Act
- Writ jurisdiction under Article 226/227 of the Constitution of India
