Punjab-Haryana High Court
National Highways Authority Of India ... vs State Of Punjab And Others on 30 April, 2026
CWP-28269
28269-2025 (O&M) [1]
213
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP
CWP-28269-2025 (O&M)
Date of Decision: 30.04.2026
National Highways Authority of India ...Petitioner
VERSUS
State of Punjab and ors.
...Respondent
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
Present : Mr. Rishi Kaushal, Advocate
for the petitioner.
Mr. Puru Jarewal, DAG, Punjab.
****
HARKESH MANUJA, J. (ORAL)
Reply by way of compliance report on behalf for respondent No.2 has been filed in Court today. The same is taken on record. Registry to tag the same at appropriate place.
Vide this common order, a bunch of 44 Civil Writ Petitions, details of which are given in the footnote of this judgment, Petitions, are being decided as identical facts and question of law are involved therein.. For the sake of brevity, facts are being taken from CWP-
CWP 28269-2025 2025.
2. The present writ petition has been filed on behalf of National highways Authority of India through its Project Director, (hereinafter inafter referred to as 'the Authority'), with the following prayer clause:-
SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this documentCWP-28269 28269-2025 (O&M) [2] "a) Issuance of a writ in the nature of certiorari for setting aside the (Award No. 1 of 2025) Award dated 22.04.2025 (Annexure P P-7)
7) passed by respondent no.3 i.e. Land Acquisition Collector-cum-SDM, SDM, Rupnagar under Section 28A of the Land Acquisition Act, 1894, whereby the applications of landowners for re-determination determination of compensation were allowed, compensation was enhanced to Rs. 27,10,456/ 27,10,456/- per acre, and interest @ 9% per annum ffrom rom the date of possession till realization was granted, fastening the entire financial liability upon the Petitioner Petitioner-NHAI, NHAI, despite the acquisition having been undertaken by PWD (B&R), Punjab, and the stretch being transferred to NHAI only in December 2019 2019.
b) Issuance of a writ in the nature of mandamus/ writ of Declaration declaring that the Land Acquisition Collector had no authority or jurisdiction under Section 28A of the Land Acquisition Act, 1894, to grant interest from the date of possession to landowners owners who had not availed a reference under Section 18 of the Land Acquisition Act, 1894.
c) Further prayer to the Hon'ble Court directing the Petitioner-NHAI NHAI cannot be fastened with financial liability in respect of acquisitions undertaken by PWD (B&R), Punjab, prior to the transfer of the Morinda Bye-Pass Pass stretch to NHAI vide notification dated 18.12.2019 (Annexure P P-4) in the interest of justice;
d) With a prayer in the interim to stay the execution, implementation, and effect of the impugned Award dated d 22.04.2025, (Annexure P P-7)
7) and restrain the respondents from taking any coercive steps against the Petitioner-NHAI NHAI for recovery of the amounts directed therein."
SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [3]
3. In the present case(s), land forming part of the revenue estate of Tehsil Morinda, District District Rupnagar was acquired by the Government of Punjab, Department of PWD (B&R) vide notification dated 04.08.2000 and 09.02.2001 issued under Section 4 and 6 of the Land Acquisition Act, 1894, (for (for short 'the Act')) respectively, for public purpose, namely, na "for the construction of 4 4-laning laning of Chandigarh Ludhiana road including Morinda bye pass in tehsil and Chandigarh-Ludhiana district Rupnagar."
Rupnagar." Award under Section 11 of the 1894 Act was passed by the Land Acquisition Collector, (for short 'the LAC') on 21.11.2002, whereby whereby the market value was assessed @ Rs.8.10 lakhs per acre, besides grant of other statutory benefits under the 1894 Act. Aggrieved of the award passed by the LAC, the landowners filed their objections in terms of Section 18 which were declined by the learned learned Reference Court vide decision dated 30.04.2008.
4. Still aggrieved, the landowners preferred RFAs which were accepted vide order dated 27.04.2018, resulting in the matters being remanded to the learned Reference Court for fresh adjudication. Pursuant thereto, the learned Reference Court, vide decision dated 31.03.2023, enhanced the compensation by assessing the market value at ₹27,10,456/ ₹27,10,456/- per acre,, besides granting all other statutory benefits as provided under the Act.
However, in the meanwhile, the Central Government vide notification dated 18.12.2019 issued in exercise of its powers under Section 11 SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [4] of the National Highways Authorities of Act, 1988, (for short '1988 Act')) , entrusted the stretch of National Highway No.95 (Morinda bye pass) to the National tional Highways Authority of India India.. The relevant extract from the notification is reproduced hereunder:
hereunder:-
"NOTIFICATION NOTIFICATION New Delhi, the 18th December, 2019 S.O. 4529(E). In exercise of the powers conferred by section 11 of the National Highways Authority of India Act, 1988 (68 of 1988), the Central Government hereby entrusts the stretch of national Highways as specified in column (3) of the Table below of the section as specified in column (2) of the National Highways as specified in the corresponding entry in i column (1) of the said Table, to the National Highways Authority of India, namely:-
TABLE
New NH Section of National Highways Length in
No. Kilometers
95 Kharar-Samrala
Samrala Chowk
Chowk-MC Limit Km. 0.000 to Section Km 92.000 01 Bidipur-Dhilwan Dhilwan section Km. 387.100 to Km.
(In the State of Punjab) 407.100 (F.No.NH (F.No.NH-14013/9/2019-P&M) RAJESH GUPTA, DY. SECY."
5. Based upon the determination made by the learned Reference Court vide its award dated 31.03.2023, some of the landowners who did not avail their remedies under Section 18 of 1894 Act, preferred application under Section 28 28-A A of the 1894 Act, for re-determi determination nation of compensation on parity basis. The said SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [5] applications preferred under Section 28 28-A A of the Act were allowed by the LAC vide decision dated 22.04.2025 (P (P-7)
7) and the liability to pay the enhanced amount of compensation was fastened upon the NHAI.
Parass 13 and 14, being relevant are reproduced hereunder:
hereunder:-
13. Question of Financial Liability Liability: The financial liability of this award will be borne by NHAI since the stretch of Morinda bye--pass pass has been taken over by NHAI vide notification S.O. no.4528 (E) d dated ated 18.12.2019 from Department of Public Works, Government of Punjab, (attached as Annexure B) Furthermore, the letter number 194 194-196 196 dated 28/05/2024 issued by Superintending Engineer, PWD (B&R) Ludhiana which was endorsed to office of the undersigned as well clearly states in para 4 that the acquired land along with constructed road (Morinda Bye-
Bye pass) has now been handed over to NHAI (attached as annexure C). Therefore, the interest from the date of issue of notification of acquisition under section 4 of the Land Acquisition Act 1894 (that is 04.08.2000) till final realization along with the absolute enhancement minus the amount already paid to the applicant under section 31 of Land Acquisition Act, 1894 shall be borne by NHAI, The calculation sheet be prepared accordingly and sent to the NHAI along with its order.
14. The said enhanced calculated amount shall be deposited by the NHAI and the same be released to the applicants after establishing the eligibility of the applicants obtaining adequate sur surety ety bonds/indemnity bonds duly attested by the Executive Magistrate.
It is clearly stated here that if the land owner/applicant/claimant has died during the course of trial or before filing case under section 28 28-A A of the Land SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [6] Acquisition Act, 1894 and iis s so verified by a valid death certificate issued by competent authority, the legal heirs shall be given compensation subject to production of a valid legal heir certificate from civil court and attested Kursinama which is counter signed by the Patwari and Nambardar for rural areas and Municipal Councilor/ Executive Officer, Municipal Council for urban areas."
6. The main grievance raised on behalf of the petitioner in the present petition(s) is that the liability to pay enhanced amount of compensation in terms of decision dated 22.04.2025, passed by the LAC-cum cum-SDM SDM in exercise of powers under Section 28 28-A A of the 1894 Act could not be fastened upon the petitioner petitioner-NHAI.
NHAI. It has been submitted that since at the time of commencement of the process for acquisition ion of the subject land in the year 2000, the process was initiated by the State Government, Government, as such the liability to pay compensation under the provisions of 1894 Act was upon the State Government and not the NHAI. Learned counsel further submits that in the absence of any liability transfer document having been produced by the State Government despite specific instructions issued vide order dated 06.03.2026, liberty may be granted to NHAI to avail its remedies, in terms of Section 12(2) of the National Highway ghway Act, 1988.
7. Per contra, ld. Counsel for the respondents contends that at the time of filing of application under Section 28 28-A, A, the stretch of National Highway no. 95 already stood entrusted to the petitioner-
petitioner
SANJAY GUPTA
2026.05.08 16:52
I attest to the accuracy and
integrity of this document
CWP-28269
28269-2025 (O&M) [7]
National Highway Authority, thus the ld. LAC LAC-cum-SDM SDM was right in fastening the liability to pay enhanced compensation upon the petitioner and thus the award passed by it calls for no interference.
DISCUSSION AND REASONING
8. I have heard learned counsel for the parties at length and have perused the paper-book paper book with their assistance. For the purpose of adjudicating the controversy involved in the present case, it is apposite to refer to Section 2 of the 1956 Act, which stipulates that the highways specified in the Schedule are deemed to be National Highways. The provision further empowers the Central Government to include additional highways in, or omit existing highways from, the Schedule by issuing notifications in the Official Gazette. The same is reproduced hereunder:
"2. Declaration of certain highways to be national highways.--
(1) Each of the highways specified in the Schedule 2 is hereby declared to be a national highway. (2) The Central Government may, by notification in the Official Gazette, declare any other highway to be a national highway and on the publication of such notification such highway shall be deemed to be specified in the Schedule.
(3) The Central Government m may, ay, by like notification, omit any highway from the Schedule and on the publication of such notification, the highway so omitted shall cease to be a national highway."
8.1 A perusal of the said Schedule appended to the 1956 Act SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [8] further reveals that the highway in question stood notified as National Highway No. 95 vide notification No. S.O. 251(E) dated 27th February, 2002. Consequently, by virtue of such notification and the statutory scheme, the said highway stood vested in the Central Government.
9. Furthermore, in so far as the dispute regarding payment of enhanced amount of compensation is concerned, reference need to be made to Section 11 and 12 of the National Highway Act ,1988 which read as under:
"11. Power of the Central Government to vest or entrust any national highway in the Authority.--
--
The Central Government may, from time to time, by notification in the Official Gazette, vest in, or entrust to, the Authority, such national highway or any stretch thereof as may be specified in such notifica notification.
12. Transfer of assets and liabilities of the Central Government to the Authority.
Authority.--
(1) On and from the date of publication of the notification under section 11, 11,--
(a) all debts, obligations and liabilities incurred, all contracts entered into and a allll matters and things engaged to be done by, with, or for, the Central Government, immediately before such date for or in connection with the purposes of any national highway or any stretch thereof vested in, or entrusted to, the Authority under that section, on, shall be deemed to have been incurred, entered into and engaged to be done by, with, or for, the Authority;SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document
CWP-28269 28269-2025 (O&M) [9]
(b) all non-recurring recurring expenditure incurred by or for the Central Government for or in connection with the purposes of any national highway or any ny stretch thereof, so vested in, or entrusted to, the Authority, up to such date and declared to be capital expenditure by the Central Government shall, subject to such terms and conditions as may be prescribed, be treated as capital provided by the Centr Central al Government to the Authority;
(c) all sums of money due to the Central Government in relation to any national highway or any stretch thereof, so vested in, or entrusted to, the Authority immediately before such date shall be deemed to be due to the Authority;
ority; (d) all suits and other legal proceedings instituted or which could have been instituted by or against the Central Government immediately before such date for any matter in relation to such national highway or any stretch thereof may be continued or instituted by or against the Authority. (2) If any dispute arises as to which of the assets, rights or liabilities of the Central Government have been transferred to the Authority, such dispute shall be decided by the Central Government."
9.1 A conjoint conjoint reading of the aforesaid provisions makes it evident that upon issuance of a notification under Section 11, all assets, liabilities, obligations and pending proceedings in relation to the concerned National Highway stand vested in, or entrusted to, the t SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [10] National Highways Authority of India.
10. In the present case, the Central government vide notification dated 18.12.2019 entrusted NH NO.95 to the petitioner petitioner-NHAI.
NHAI.
Consequently, by operation of Section 12(1), all rights, liabilities and proceedings pertaining thereto stood transferred to the Authority. At proceedings the same time, Section 12(2) envisages that any inter se dispute as to the extent of such transfer is to be resolved by the Central Government. Be that as it may, the liability to ensure paymen paymentt of the enhanced compensation, as determined in accordance with law, cannot be permitted to remain in abeyance. It is also not disputed that the respective Competent Authorities for Land Acquisition (CALAs) have already forwarded the requisite calculation calculations, s, in terms of the award passed under Section 28 28-A A of the 1894, to the Authority in the second week of April, 2026.
11. In view of the above, the present petitions are disposed of with a direction to the petitioner-NHAI petitioner NHAI to deposit the amount of compensation pensation with the respective CALAs. The needful be done within a period of six weeks from today. Upon such deposit, the respective CALAs shall ensure disbursement of the amount to the landowners, strictly in terms of the award passed under Section 28 28-A of the Act, within a further period of four weeks thereafter. However, the petitioner NHAI shall be at liberty to avail its remedies, in accordance petitioner-NHAI with law, subject to the proof of any document or agreement demonstrating transfer or allocation of liability, executed inter se the SANJAY GUPTA 2026.05.08 16:52 I attest to the accuracy and integrity of this document CWP-28269 28269-2025 (O&M) [11] parties to the dispute herein.
12.. Pending miscellaneous application(s), if any, shall also stand disposed of.
30.04.2026 ( HARKESH MANUJA)
sanjay JUDGE
Whether speaking/reasoned ? Yes/No
Whether Reportable ? Yes/No
Sr.No. Case No.
1. CWP-28272
28272-2025 (O&M)
2. CWP-28274
28274-2025 (O&M)
3. CWP-28276
28276-2025 (O&M)
4. CWP-28279
28279-2025 (O&M)
5. CWP-28281
28281-2025 (O&M)
6. CWP-28282
28282-2025 (O&M)
7. CWP-28285
28285-2025 (O&M)
8. CWP-28286
28286-2025 (O&M)
9. CWP-28289
28289-2025 (O&M)
10. CWP-31879
31879-2025 (O&M)
11. CWP-31881
31881-2025 (O&M)
12. CWP-31889
31889-2025 (O&M)
13. CWP-31892
31892-2025 (O&M)
14. CWP-31897
31897-2025 (O&M)
15. CWP-31898
31898-2025 (O&M)
16. CWP-31906
31906-2025 (O&M)
17. CWP-31907
31907-2025 (O&M)
18. CWP-31910
31910-2025 (O&M)
19. CWP-31918
31918-2025 (O&M)
20. CWP-31928
31928-2025 (O&M)
21. CWP-31937
31937-2025 (O&M)
22. CWP-31938
31938-2025 (O&M)
23. CWP-31941
31941-2025 (O&M)
24. CWP-31954
31954-2025 (O&M)
25. CWP-31961
31961-2025 (O&M)
26. CWP-31964
31964-2025 (O&M)
27. CWP-31973
31973-2025 (O&M)
28. CWP-31977
31977-2025 (O&M)
29. CWP-31985
31985-2025 (O&M)
30. CWP-31992
31992-2025 (O&M)
SANJAY GUPTA
2026.05.08 16:52
I attest to the accuracy and
integrity of this document
CWP-28269
28269-2025 (O&M) [12]
31. CWP-32019
32019-2025 (O&M)
32. CWP-32024
32024-2025 (O&M)
33. CWP-32026
32026-2025 (O&M)
34. CWP-32036
32036-2025 (O&M)
35. CWP-32053
32053-2025 (O&M)
36. CWP-32054
32054-2025 (O&M)
37. CWP-397
39718-2025 (O&M)
38. CWP-32072
32072-2025 (O&M)
39. CWP-32073
32073-2025 (O&M)
40. CWP-32074
32074-2025 (O&M)
41. CWP-32151
32151-2025 (O&M)
42. CWP-32334
32334-2025 (O&M)
43. CWP-32836
32836-2025 (O&M)
30.04.2026
.2026 (HARKESH MANUJA)
sanjay JUDGE
SANJAY GUPTA
2026.05.08 16:52
I attest to the accuracy and
integrity of this document