Case Note & Summary
The petitioners, Balbhim Vishwanath Tawaskar and Mallinath Prabhakar Tawaskar, filed a writ petition challenging an order passed by the Competent Authority and Deputy Collector (Land Acquisition) under the National Highways Act, 1956. The land admeasuring 61 R belonging to the petitioners was acquired for the construction and expansion of a national highway. The compensation was awarded in their favor. Respondent No.2, Anil Shivling Tawaskar, made an application before the Competent Authority under Section 3H(4) of the National Highways Act, 1956, claiming a share in the compensation. The Competent Authority referred the dispute to the Reference Court (Civil Court) for adjudication. The petitioners challenged this reference order. The Court examined the provisions of Section 3H(4) of the National Highways Act, 1956, which allows the Competent Authority to refer a dispute to the Civil Court only when there is a dispute as to the person entitled to the amount or the apportionment of the amount between the claimant and the acquiring body. The Court noted that in the present case, there was no dispute between the petitioners and the acquiring body; the dispute was solely between the petitioners and respondent No.2, who were co-claimants. The Court held that Section 3H(4) does not empower the Competent Authority to refer disputes between rival claimants to the Civil Court. Such a reference is without jurisdiction. The Court allowed the writ petition, quashed the reference order, and directed the Competent Authority to disburse the compensation amount to the petitioners in accordance with the award. The Court also made the rule absolute.
Headnote
A) National Highways Act, 1956 - Section 3H(4) - Reference to Civil Court - Dispute between co-claimants - The Competent Authority referred the dispute between the petitioners (recorded owners) and respondent No.2 (claimant) to the Civil Court under Section 3H(4). The Court held that Section 3H(4) only permits reference of disputes between the claimant and the acquiring body, not between co-claimants. The reference was without jurisdiction. (Paras 3-5) B) National Highways Act, 1956 - Section 3H(4) - Interpretation - Scope of reference - The provision allows reference only when there is a dispute as to the person entitled to compensation or the apportionment of compensation between the acquiring body and the claimant. Disputes between rival claimants are not covered. The Court quashed the reference order. (Paras 4-5)
Issue of Consideration
Whether the Competent Authority under the National Highways Act, 1956 has jurisdiction to refer a dispute between co-claimants regarding apportionment of compensation to the Civil Court under Section 3H(4) of the Act.
Final Decision
The writ petition is allowed. The order passed by the Competent Authority referring the dispute to the Reference Court is quashed and set aside. The Competent Authority is directed to disburse the compensation amount to the petitioners in accordance with the award. Rule made absolute.
Law Points
- Jurisdiction of Competent Authority under National Highways Act
- 1956
- Section 3H(4) reference to Civil Court
- Dispute between co-claimants not covered under Section 3H(4)
- Maintainability of writ petition against reference order
