Facts
The petitioners, Sandhya Patel and Mongra Patel, filed separate writ petitions seeking compensation for their respective lands (Khasra Nos. 212/12, 211/3, 212/3, and 212/11) situated in District Mahasamund, which were utilized for the construction of National Highway 6.
Source reference: para. 1-2The petitioners alleged that while their lands were used for the road, they had not been formally acquired or compensated.
Source reference: para. 1-3During the proceedings, the State and the National Highways Authority of India (NHAI) submitted that compensation had already been determined based on a "mutual consent scheme" as per a communication dated 25.07.2018 from the Sub-Divisional Officer (Revenue).
Source reference: para. 4Issues
1. Whether the petitioners are entitled to specific directions for the formal acquisition of land and payment of compensation for areas utilized for National Highway construction.
Source reference: para. 1-3Law Applied
National Highways Act, 1956, specifically regarding the acquisition of land for national highways and the determination of compensation.
Source reference: para. 2Mutual Consent Scheme for land acquisition, which allows for the determination of compensation and transfer of title through a sale deed based on the agreement between the landowner and the acquiring authority.
Source reference: para. 4-5Reasoning
The Court did not adjudicate on the merits of the land's status but focused on the consensus reached during the hearing.
Source reference: para. 4The State's counsel provided evidence via a calculation sheet and official communication (Annexure-R/2) showing that compensation for both petitioners had already been computed under a mutual consent framework.
Source reference: para. 4The NHAI confirmed it would initiate payment and deposit the requisite amount with the Land Acquisition Officer/SDO (Revenue) upon the execution of sale deeds by the petitioners.
Source reference: para. 5Since the petitioners agreed to cooperate with these proceedings, the Court found that the substantial grievances regarding non-payment would be resolved through the completion of these administrative formalities rather than through prolonged litigation.
Source reference: para. 6-7Holding
The High Court disposed of the writ petitions without entering into the merits, directing the NHAI and the SDO (Revenue) to complete the execution of sale deeds and related proceedings as proposed.
The NHAI was specifically ordered to deposit the compensation amount before the Competent Authority within one month from the date of the order and both parties were directed to cooperate to ensure the prompt payment of compensation.
Source reference: para. 8-9Original Court PDF
MONGRA PATELvsUNION OF INDIA
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