Land owners accepted acquisition proceeding and further availed remedy forhigher compensation by approaching arbitrator - When land owners participated in proceedingfor fixation of respective compensation amount receivable by them they cannot disputepublication of declaration

Citation

AIROnline 2021 Cal 957

Calcutta High Court

ASHIS KUMAR CHAKRABORTY , J.

W.P.A. - 23965 of 2019 D/- 4 - 1 - 2021

Ayesa, wife of Sarifuddin and Ors. v. Union of India and Ors.

(A)National Highways Act (48 of 1956), S.3A - Acquisition proceedings - After vesting of land -

Challenge as to - Land owners accepted acquisition proceeding and further availed remedy for

higher compensation by approaching arbitrator - When land owners participated in proceeding

for fixation of respective compensation amount receivable by them they cannot dispute

publication of declaration - Once land stands vested in Central Govt. or State Govt. under any

Acquisition Act, any challenge to validity of acquisition proceeding is not maintainable.

 (Para 8) 

(B)National Highways Act (48 of 1956), S.3G(6) - Constitution of India, Art.226 - Acquisition of

land - Claim for rehabilitation or resettlement - Issue regarding lawful claim for rehabilitation

or resettlement under Right To Fair Compensation And Transparency Act is beyond scope of

relief claimed in writ petition and cannot be adjudicated - Even the petitioners' prayer claiming

relief with regard to the awards made by Arbitrator under S. 3G(6) cannot be entertained in

writ jurisdiction - Remedy lies in approaching the competent civil court under Arbitration and

Conciliation Act, 1996.

 (Para 9) 

Cases Referred Chronological Paras

AIR 1997 SC 482 : 1996 AIR SCW 3871(Rel.on)

AIR 2010 SC 2962 : 2010 AIR SCW 4784(Rel. on)