Case Note & Summary
The petitioner, Syed Azizuddin Hyder, owned 53 R of land in Gat No.109 at Chitte Pimpalgaon, Aurangabad. The respondents acquired 940 sq. mtrs. of this land under the National Highways Act, 1956. The petitioner, who was residing in Mumbai, only became aware of the acquisition in October 2017 when he received a notice to collect compensation. He then got the land privately measured and discovered that 1920 sq. mtrs. had actually been acquired. He applied for re-measurement, and the Deputy Director of Land Records conducted a re-measurement on 30.07.2019, resulting in a comparative chart dated 20.10.2020 showing that 1692 sq. mtrs. (0.16.92 R) had been acquired, not 940 sq. mtrs. (0.094 R). Despite this, the respondents did not pay compensation for the excess. The petitioner filed a writ petition seeking direction to pay compensation for the excess land. The court noted that the re-measurement was conducted by the competent authority and the respondents did not dispute its correctness. The court held that the respondents are bound to pay compensation for the actual land acquired and directed them to pass an appropriate award and pay compensation within three months. The petition was allowed.
Headnote
A) Land Acquisition - Compensation for Excess Land - National Highways Act, 1956 - Sections 3G, 3H - Petitioner's land was acquired for highway, but compensation was paid only for 940 sq. mtrs. Re-measurement by Deputy Director of Land Records showed actual acquisition of 1692 sq. mtrs. Court held that the respondents are bound to pay compensation for the actual land taken, and directed payment within three months based on the re-measurement report. (Paras 1-7)
Issue of Consideration
Whether the petitioner is entitled to compensation for the excess land acquired beyond what was recorded in the original award, based on re-measurement conducted by the Deputy Director of Land Records.
Final Decision
The petition is allowed. The respondents are directed to pass an appropriate award and pay compensation to the petitioner for the excess land acquired, as per the re-measurement report dated 20.10.2020, within three months from the date of the order.
Law Points
- Compensation for excess land acquisition
- Re-measurement by Land Records Authority
- Duty to pay compensation for actual land taken
- National Highways Act
- 1956
Case Details
2022 LawText (BOM) (11) 15
Writ Petition No.9165 of 2021
Dipankar Datta, CJ, Vibha Kankanwadi, J
Mrs. A.N. Ansari for petitioner, Mr. A.R. Kale for respondent no.1, Mr. D.S. Manorkar for respondent no.2, Mr. D.B. Gaikwad for respondent no.3
The State of Maharashtra, The Project Director, National Highway Authority of India, The Competent Authority (Land Acquisition), National Highway Authority of India
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Nature of Litigation
Writ petition seeking direction to pay compensation for excess land acquired under the National Highways Act, 1956.
Remedy Sought
Petitioner seeks direction to respondents to pass award as per chart prepared by Superintendent of Land Records and pay compensation for excess land acquired.
Filing Reason
Petitioner's land was acquired, but compensation was paid only for 940 sq. mtrs., whereas re-measurement showed actual acquisition of 1692 sq. mtrs.
Previous Decisions
Deputy Director of Land Records conducted re-measurement and prepared comparative chart dated 20.10.2020 showing excess acquisition, but respondents did not pay compensation.
Issues
Whether the petitioner is entitled to compensation for the excess land acquired beyond the original award based on re-measurement.
Submissions/Arguments
Petitioner argued that re-measurement by Deputy Director of Land Records showed actual acquisition of 1692 sq. mtrs., but compensation was paid only for 940 sq. mtrs., and respondents failed to pay for the excess.
Respondents did not dispute the re-measurement report but failed to act on it.
Ratio Decidendi
The respondents are bound to pay compensation for the actual land acquired, and the re-measurement conducted by the Deputy Director of Land Records is conclusive evidence of the extent of acquisition. Failure to pay compensation for the excess land violates the petitioner's right to compensation under the National Highways Act, 1956.
Judgment Excerpts
The petitioner seeks direction to the respondents to pass Award as per chart/statement prepared by the Superintendent of Land Records, Aurangabad and to pay compensation for the excess land acquired under the National Highways Act, 1956.
It showed that before correction that as per the earlier record 0.094 R is shown to have been acquired from the petitioner and in re-measurement it transpired to be 00.16.92 R.
The respondents are directed to pass an appropriate award and pay compensation to the petitioner for the excess land acquired, as per the re-measurement report dated 20.10.2020, within three months from the date of the order.
Procedural History
Petitioner received notice for compensation in October 2017, discovered excess acquisition, applied for re-measurement, Deputy Director of Land Records conducted re-measurement on 30.07.2019 and issued comparative chart on 20.10.2020, respondents failed to pay, petitioner filed writ petition on 2021.
Acts & Sections
- National Highways Act, 1956: Sections 3G, 3H
