Apportionment of compensation on the basis of agreement to sell – Right of -- Section 3(H)(4) of the National Highways Act, 1956, enables any person interested in the compensation, to file an application to the competent authority with a request to forward the dispute with regard to entitlement or apportionment to the Principal Civil Court -- Petitioners may apply to the competent authority under Section 3(H)(4) of the National Highways Act, 1956 -- Revision disposed of.

(P&H HC) Decided on: 02.06.2022

Eminent Domain -- Solatium amount is paid on account of compulsory acquisition of the land -- Such power of the government is in accordance with the doctrine of 'Eminent Domain' -- This compensation is paid by the government for involuntary taking over the land of an owner.

(P&H HC) Decided on: 12.08.2021

Statutory benefits – Interest thereupon -- Arbitrator can proceed to decide the entitlement with regard to statutory benefits, however, in any other eventuality, where the land owners do not dispute the correctness of the market value determined by the competent authority under sub section 1 or 2 of Section 3G of the 1956 Act, then, they cannot be forced to apply for appointment of Arbitrator only for the purpose of payment of the amount of statutory benefits -- Writ allowed, respondents directed to pay solatium amount equivalent to one hundred percent of the compensation amount determined by the competent authority under sub section (1) and (2) of Section 3G of the 1956 Act after adjusting the amount already paid -- Respondents shall also pay the amount with interest in accordance with Section 80 of the 2013 Act within two months.

(P&H HC) Decided on: 12.08.2021

Award by Arbitrator – Writ jurisdiction -- Objections to the award of the Arbitrator are maintainable before the District Court – Court did not find it appropriate to exercise its writ jurisdiction.

(P&H HC) Decided on: 12.07.2021