Case Note & Summary
The petitioner, Smt. Rekhatai W/o. Govindrao Tayade, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking directions to the respondents to pay compensation under the National Highways Act, 1956 for the acquisition of her land admeasuring 20 R from Survey No. 5/3 of Mouza Bodkha, Tah. Patur, Distt. Akola, acquired for widening of Akola-Nanded National Highway. The respondent No. 4 issued a notification dated 10.08.2016 under Section 3-A of the Act of 1956 to acquire the land. Objections were called under Section 3-C, and after hearing interested persons, a final report was submitted and notification under Section 3-D was issued. The petitioner was not paid compensation on the premise that the land was gaothan land owned by the Government. The petitioner made several representations disputing this classification and asserting that the land was recorded in her name in survey records. The court considered the issue of whether the petitioner is entitled to compensation despite the land being classified as gaothan land. The court held that the competent authority must determine the title and pay compensation to the person in whose name the land is recorded, and the classification as gaothan land does not automatically deny compensation if the petitioner proves ownership. The court directed the respondents to consider the petitioner's claim and pay compensation in accordance with law.
Headnote
A) Land Acquisition - Compensation - National Highways Act, 1956 - Sections 3-A, 3-C, 3-D, 3-G, 3-H - Petitioner's land admeasuring 20 R from Survey No. 5/3 was acquired for widening of Akola-Nanded National Highway - Compensation was denied on the ground that the land was gaothan land owned by the Government - Petitioner claimed that the land was recorded in her name in survey records - Held that the competent authority must determine title and pay compensation to the person in whose name the land is recorded, and the classification as gaothan land does not automatically deny compensation if the petitioner proves ownership (Paras 3-5).
Issue of Consideration
Whether the petitioner is entitled to compensation under the National Highways Act, 1956 for land acquired for highway widening, despite the land being classified as gaothan land in revenue records.
Final Decision
The court directed the respondents to consider the petitioner's claim and pay compensation in accordance with law, holding that the competent authority must determine title and pay compensation to the person in whose name the land is recorded.
Law Points
- Compensation for land acquisition under National Highways Act
- 1956
- Sections 3-A
- 3-C
- 3-D
- 3-G
- 3-H
- Right to compensation for land recorded in petitioner's name
- Distinction between gaothan land and private land
- Duty of competent authority to determine title and pay compensation
