Madhya Pradesh High Court
Mahendra Singh Dangi vs National Highway Authority Of ... on 16 September, 2021
Author: Chief Justice
1 WP-17973-2021
The High Court Of Madhya Pradesh
WP-17973-2021
(MAHENDRA SINGH DANGI AND OTHERS Vs NATIONAL HIGHWAY AUTHORITY OF INDIA AND
OTHERS)
Jabalpur, Dated : 16-09-2021
Heard through Video Conferencing.
Shri R.B. Patel, learned counsel for the petitioners.
Shri Priyanshu Khare, Advocate appears on behalf of Shri K. N.
Pethia, learned counsel for the respondents/National Highway Authority of
India.
This writ petition has been filed by five petitioners aggrieved by non-
making of reference to the competent Civil Court in accordance with the
provisions of Section 3H(4) of the National Highways Act, 1956 as to the
apportionment of the amount of compensation amongst the petitioners and
the respondents No. 3 to 5.
Learned counsel for the petitioners submitted that while on one hand
the competent authority has not decided the application (Annexure-P/15) filed
by the petitioners before him on 7.4.2021 and on the other hand, the
petitioners apprehend that the amount of the compensation may be disbursed
to the respondents No. 3 to 5. The prayer is therefore made that the
competent authority i.e. respondent No.2 be directed to make a reference
under Section Section 3H(4) of the National Highways Act, 1956 to the
appropriate Civil Court and pending decision on such reference, the amount
of compensation may not be disbursed to any party. Learned counsel for the
petitioners in support of his arguments has relied upon the judgments of this
Court in Kanhaiyalal Patel and Ors. Vs. Union of India and Ors., [2008
(3) MPLJ 48] and in Ramswaroop and Ors. Vs. National Highway
Authority of India, Narsinghpur and Ors, [2016 (2) MPLJ 224].
Section 3H(1) of the National Highways Act, 1956 provides that the
amount determined under section 3G shall be deposited by the Central
Government in such manner as may be laid down by rules made in this behalf
2 WP-17973-2021
by that Government, with the competent authority before taking possession
of the land. It further provides that as soon as may be after the amount has
been deposited under sub-section (1), the competent authority shall on behalf
of the Central Government pay the amount to the person or persons entitled
thereto. Sub-section (3) thereof provided where several persons claim to be
interested in the amount deposited under sub-section (1), the competent
authority shall determine the persons who in its opinion are entitled to receive
the amount payable to each of them. Such a decision in the present case has
been taken by the competent authority on 16.3.2021. But the petitioners soon
thereafter on 7.4.2021 filed an application in light of sub-section (4) of
Section 3H of the National Highways Act, 1956 which stipulates 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, the competent
authority shall refer the dispute to the decision of the principal civil court of
original jurisdiction within the limits of whose jurisdiction the land is situated.
Once a dispute has arisen and an application has been made, there is no
escape for the competent authority except to make the reference of the
dispute to the decision of the principal civil Court of original jurisdiction as
the language of sub-section (4) of Section 3H of the National Highways Act,
1956 has mandated that the "competent authority shall refer the dispute".
This writ petition is therefore disposed of with direction to the
competent authority to make an appropriate order on the application of the
petitioners for making reference after hearing both the parties within a period
of 30 days from the date of production of copy of this order before him. Till
decision of such application, disbursement of the compensation to any party
shall remain stayed.
With the aforesaid, this petition is disposed of.
(MOHAMMAD RAFIQ) (VIJAY KUMAR SHUKLA)
CHIEF JUSTICE JUDGE
SKM
Digitally signed by SANTOSH
MASSEY
Date: 2021.09.17 16:36:28
+05'30'
