Land Acquisition| District Magistrate Has No Jurisdiction For Apportionment Of Amount: SC While Setting Aside Order
|The Supreme Court in an Appeal filed against the order passed by the Division Bench of the Allahabad High Court has held that the Civil Courts are the competent authority to determine disputes of land appropriation and set aside the order passed by the District Magistrate. The Court was dealing with a matter arising out of acquisition of land under the National Highways Authority Act, 1956.
The Two Judge Bench headed by Justice B.R. Gavai and Justice J.B. Pardiwala held that “If any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, then, the competent authority shall refer the dispute to the decision of the Principal Civil Court of original jurisdiction.”
Further, the Court added that “The actual rule for apportionment has to be formulated in each case so as to ensure a just and equitable distribution of the total value or compensation among the persons interested in the land.“
AOR Shubhranshu Padhi appeared on behalf of the Appellant while Senior Advocate V.K. Shukla and Senior Advocate Garima Prashad appeared on behalf of the Respondents.
The primary contention in the case stems from a Central Government Notification to acquire some land for expansion of a highway in Mau. According to the provisions under Section 3G of the National Highways Authority Act, 1956, compensation was determined to be paid to the landowners. Both Respondents and Appellants were landowners of the land in question. One of the respondents raised a dispute regarding the appropriation of land between the Respondents and the Appellant.
Section 3H(3) of the Act 1956 requires the competent authority to determine the shares of the landowners in the compensation. The appropriation report was in favor of the Appellants. The Respondents challenged the same by filing a petition before the District Magistrate invoking Section 3G(5) of the Act 1956. The District Magistrate granted higher shares in favor of the respondents towards compensation. The order by the District Magistrate was challenged before a Single Bench and a Division Bench of the Allahabad High Court and dismissed twice and hence the appeal was preferred before the Apex Court.
The main issue to determine before the Supreme Court was the powers conferred in the Act, 1956 regarding competent authority. The Court said that “The legislature has thought fit to confer powers upon the Principal Civil Court of original jurisdiction to determine the dispute arising as to the apportionment of the amount.”
Further, the Court held that “We fail to understand on what basis the High Court in its impugned order has observed that the District Magistrate is competent to examine the order passed by the Special Land Acquisition Officer and decide the dispute as to the apportionment of the amount.”
Accordingly, the Court allowed the appeal and set aside the order of the District Magistrate.
Cause Title: Vinod Kumar & Ors. v. District Magistrate Mau & Ors.