Case Note & Summary
The petitioners, Sangeeta Natwarlal Karwa and Natwarlal Navneetlal Karwa, owned 4 acres of land in Gat No.37/1/2 at Valsang, Solapur. For the purpose of national highway construction, the Competent Authority under the National Highways Act, 1956 passed an original award under Section 3G on 25th March 2021, determining compensation of Rs.18,89,519/- for 800 sq. mtrs. Subsequently, a notice dated 26th July 2021 was issued. However, without any notice or hearing to the petitioners, the Competent Authority passed a Modified Supplementary Award on 25th March 2021 (same date as original) and issued a fresh notice on 22nd September 2021, reducing the compensation amount. The petitioners challenged these actions by filing a writ petition under Article 226 of the Constitution of India, seeking quashing of the modified award and notice, and restoration of the original award. The respondents, including the State of Maharashtra, District Collector, Competent Authority, and National Highways Authority, opposed the petition. The court analyzed the facts and found that the Competent Authority had no power to unilaterally modify the award without giving the landowners an opportunity of being heard. The court held that the principles of natural justice were flagrantly violated. Consequently, the court quashed the Modified Supplementary Award and the impugned notice, restored the original award and notice dated 26th July 2021, and directed respondent No.4 to deposit the deficit amount of Rs.18,89,519/- within four weeks. The petition was allowed with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - Quashing of Modified Supplementary Award - The petitioners sought certiorari to quash the Modified Supplementary Award dated 25.03.2021 and notice dated 22.09.2021, and mandamus to restore the original award and notice. The court held that the impugned actions were violative of natural justice as no notice or hearing was given to the petitioners before reducing compensation. (Paras 1-4) B) Land Acquisition - National Highways Act, 1956 - Sections 3G, 3H - Compensation Determination - The original award under Section 3G determined compensation at Rs.18,89,519/- for 800 sq. mtrs. The Competent Authority later issued a Modified Supplementary Award reducing the amount without any notice to the landowners. The court held that such unilateral reduction without affording an opportunity of hearing is illegal and unsustainable. (Paras 5-10) C) Administrative Law - Principles of Natural Justice - Audi Alteram Partem - The Competent Authority's action in modifying the award without notice or hearing violated the fundamental principle of natural justice. The court restored the original award and directed the respondent No.4 to deposit the deficit amount. (Paras 11-15)
Issue of Consideration
Whether the Competent Authority could unilaterally modify the original award under Section 3G of the National Highways Act, 1956, reducing compensation without issuing notice or hearing the landowners, and whether such action violates principles of natural justice.
Final Decision
The court allowed the petition, quashed the Modified Supplementary Award dated 25.03.2021 and the notice dated 22.09.2021, restored the original award dated 25.03.2021 and notice dated 26.07.2021, and directed respondent No.4 to deposit the deficit amount of Rs.18,89,519/- within four weeks. No order as to costs.
Law Points
- Natural justice
- Right to be heard
- Compensation determination
- National Highways Act
- 1956
- Section 3G
- Section 3H
- Writ jurisdiction
- Article 226
