The legal battle over land acquisition in Bijwasan Village has been resolved by the Delhi High Court. The case involved a dispute between the petitioners claiming ownership of separate portions of land and the notification issued under the NH Act. The court’s judgment provides clarity on the powers under Section 3A of the NH Act and the process of determining compensation for acquired lands in low-density residential areas. Stay informed about the implications of this significant case in the realm of land acquisition law.
Facts
- The petitioners claim ownership of separate portions of land in Village Bijwasan, Delhi.
- Petitioners challenge a notification dated 15.05.2017 under the NH Act and the compensation amount determined under Section 3G(1) of the NH Act.
- Subject lands owned by petitioners were included in the impugned notification.
- Land Acquisition Collector made an Award dated 20.03.2018 regarding the subject lands.
- The subject lands are located in an area declared as a ‘low-density residential area’ as per Notification No. S.O. 1744 (E) dated 18.06.2013 by the Ministry of Urban Development.
Arguments
- The petitioner argues that the impugned notification was issued before the highway was notified as a national highway, therefore it was for an ordinary highway.
- The petitioner’s contention is considered, although not raised in the initial petition.
- Section 3A(1) of the NH Act allows acquisition for building, maintenance, or operation of a national highway.
- The national highway is named only after construction; hence, lands for construction are not termed as a national highway.
- The subject lands were acquired for a highway connecting two points of NH No.48, not for building a national highway.
- The petitioners challenge the notification on the grounds of exceeding powers under Section 3A of the NH Act.
Analysis
- Compensation for land acquisition under NH Act is determined based on various factors such as market value of the land, damages sustained, and expenses incurred due to relocation.
- If parties do not agree on the compensation amount, an application can be filed for arbitration under the NH Act.
- The DM appointed by the Central Government acts as the Arbitrator to decide on compensation disputes.
- The Arbitration and Conciliation Act, 1996 applies to arbitration proceedings under the NH Act.
- Public notice is required to be published inviting claims from all persons interested in the land to be acquired before determining compensation.
- All interested persons must appear before the competent authority to state their respective interests in the land.
- The petitioners’ grievance can be addressed by the arbitrator appointed under Section 3G(5) of the NH Act.
- If the nature of the land is contested by the Petitioners, the arbitrator can examine this plea, even if the CA did not agree with them in a prior case.
- Section 3G(7) outlines factors for determining compensation, to be considered by the CA or the arbitrator.
- The Arbitrator will have the same powers as the CA in the present cases, alleviating any concerns of inadequate authority.
- The scope of the CA’s powers in determining compensation under the NH Act is detailed in Section 3G.
- The Arbitrator can also correct factual errors in notifications, similar to the CA’s authority.
- The powers of the CA and the Arbitrator in determining compensation are essentially the same, allowing for a fair and thorough assessment.
- Parties are not precluded from availing their remedies according to the law.
- The provision does not restrict acquiring lands under Section 3A(1) of the NH Act only after a national highway has been notified.
Decision
- The petition has been dismissed.
- The subject lands were acquired for building a national highway as per the Notification dated 23.06.2017.
Case Title: ATUL RAHEJA AND ANR. Vs. UNION OF INDIA AND ORS. (2024:DHC:3770-DB)
Case Number: W.P.(C)-11818/2018
