Dispute as to entitlement to receive compensation determined under section 3-G to be referred to and decided by the principal civil court of original jurisdiction

Citation 

2024-1-L.W. 451

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

10.01.2024/ W.P(MD)No.16256 of 2020 and W.M.P.(MD) Nos. 13589 and 13591 of 2020

G.R.Swaminathan, J.

N.Raja Mohamed & another ... Petitioners

Vs.

1. The District Revenue Officer, Sivagangai District.

2. The Project Director, National Highways Authority of India, Karaikudi, Sivagangai District.

3.Fathima Kani

4.M.Minbeevi

5.Sumathi

6. The Special District Revenue Officer & Competent Authority, (National Highways Office Complex, 623 503. Land Acquisition 210), Collector Ramanathapuram

                                                ...Respondents

National highways act (1956), Section 3H (1 to 4)

Dispute between the parties is as regards disbursement of the compensation under section 3H  para 8

whenever there is dispute raised by any person as to the right to receive either the whole or portion of the compensation, the competent authority is obliged to refer the matter to the jurisdictional civil court When section 3-H(4) specifically requires the dispute as to entitlement to receive compensation determined under section 3-G to be referred to and decided by the principal civil court of original jurisdiction, it by implication necessarily excludes jurisdiction of the competent authority which is entitled to merely decide the point of apportionment of the compensation amongst several persons under Section 3-H(3) para 9

Sub section 4 has been declared to prevail over sub section 3 A revenue authority who has been designated as the competent authority under the National Highways Act cannot be entrusted with the power to adjudicate what is basically a title dispute Such issues will have to be necessarily resolved only by the jurisdictional civil court case is a regular title dispute Such a dispute will have to be necessarily be referred by the competent authority for decision of the jurisdictional civil court sixth respondent to make reference under section 3H(4)

para 10