IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF DECEMBER 2017 BEFORE:
THE HON’BLE MRS. JUSTICE B.V.NAGARATHNA WRIT PETITION No.51982/2017 (LA RES) BETWEEN MR. JOSEPH PLACID HUBERT GOVEAS, S/O LATE MR. BENJAMIN GOVEAS, AGED ABOUT 76 YEARS, RESIDING AT: NO.5, BRUNTON ROAD CROSS, BANGALORE-560 025. ... PETITIONER (BY SRI. AJESH KUMAR S., ADV.) AND 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF SHIPPING TRANSPORT, GOVERNMENT OF INDIA, NEW DELHI-110 001.
2. NATIONAL HIGH WAY AUTHORITY OF INDIA, REPRESENTED BY THE SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY [NATIONAL HIGHWAY AUTHORITY OF INDIA], N.H. 48, HASSAN-BANTWAL DIVISION, OPPOSITE HDFC BANK, B.M. ROAD, HASSAN, KARNATAKA. ... RESPONDENTS (BY SMT. SHILPA SHAH, ADV. FOR R2.) * * * THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FIRST OFFER AND PAY THE AWARD AMOUNT TO THE PETITIONER PRIOR TO TAKING POSSESSION OF THE PETITION SCHEDULE PROPERTY AND TO DIRECT THE RESPONDENT AUTHORITY TO ISSUE NOTICE TO THE PETITIONER AND GIVING HIM REASONABLE TIME TO RELOCATE THE DEVELOPMENTS PRIOR TO TAKING POSSESSION OF THE PETITION SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard.
2. Learned counsel, Smt. Shilpa shah, who is present before Court submits that pursuant to advance notice issued, she has filed her vakalatnama on behalf of respondent No.2.
3. The petitioner has sought a direction to the respondents to first offer and pay the Award amount to him prior to taking possession of the petition schedule property. The petitioner has further sought a direction to the respondent authority to issue notice to him and give him reasonable time to relocate prior to taking possession of the petition schedule property.
4. Learned counsel for the petitioner submits that under Section 3E r/w. Section 3H of the National Highways Act, 1956 [hereinafter referred to as “the Act” for short], the Central Government would have to deposit the amount with the competent authority before taking possession of the land from its owner/occupier and that under sub-Section (2) of Section 3H of the Act, the competent authority would have to disburse the compensation amount and thereafter possession of the land could be taken in terms of Section 3E(1) of the Act.
Learned counsel for the petitioner further submits that notices were issued to the petitioner under Section 3E(1) r/w. Sections 3H(1) and (2) of the Act and having regard to the said notices issued, the petitioner is entitled to receive compensation amount before possession of the land is taken. In the circumstances, he seeks a direction as referred to above to the respondent authority.
5. Learned counsel for respondent No.2 submits that sub-Section (1) of Section 3E of the Act refers only sub- Section (1) of Section 3H of the Act and the said sub-
Section does not refer to sub-Section (2) of Section 3H of the Act. Drawing my attention to the notices, she submits that the said notices have been issued to the petitioner by the Central Government by depositing the compensation amount with the competent authority and thereafter, the competent authority issuing the notices to the petitioner under Section 3E(1) of the Act demanding surrender of the land or delivery of possession within a period of sixty days from the date of service of the notice. She submits that the said notices are issued to the land owner so as to prepare himself for surrendering possession of the land and that does not require compliance with a condition precedent that only on disbursement of the compensation amount possession could be taken. She submits that having issued notices to the petitioner under sub-Section (1) of Section 3E of the Act, the respondents are entitled to take possession of the petition schedule land and the petitioner is entitled to seek compensation. She also submits that the petitioner himself has stated before the competent authority that there is a dispute with regard to the title of the land in question and the matter is pending adjudication before the Hon’ble Supreme Court. However, the petitioner is entitled to appear before the 2nd respondent authority so as to redress his grievance insofar as disbursement of compensation amount is concerned but, the prayers sought for by the petitioner in this writ petition cannot be granted.
6. Having heard learned counsel for the parties and on perusal of the material on record as well as relevant provisions of the Act, it is noted that when once a declaration is made under Section 3D of the Act, the land vests with the Central Government under sub-Section (2) of Section 3D of the Act and the amount of compensation is determined by the competent authority under Sections 3E and G of the Act and the said amount has to be deposited with the competent authority under sub-Section (1) of Section 3H of the Act. Thereafter, the competent authority may issue notice directing the owner or any other person, who may be in possession of such land to surrender or deliver possession thereof to the competent authority or any person duly authorized by it in that behalf within sixty days of the service of the notice. If any person refuses or fails to comply with any direction made under sub-Section (1) of Section 3E of the Act, the competent authority shall take possession with the assistance of the jurisdictional police as per sub-Section (2) of Section 3E of the Act. Sub-Section (1) of Section 3E of the Act refers only to sub-Section (1) of Section 3H of the Act. Sub- Section (1) of Section 3H of the Act states that the amount determined under Section 3G of the Act shall be deposited by the Central Government in accordance with the Rules made in this behalf by that Government, with the competent authority before taking possession of the land. It is only after the said amount is deposited, the competent authority shall issue notice under sub-Section (1) of Section 3E of the Act to the land owner to surrender or deliver possession. Sub-Section (1) of Section 3E of the Act does not refer to sub-Section (2) of Section 3H of the Act. Sub-Section (2) of Section 3H of the Act says 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, disburse the compensation amount to the person or persons entitled thereto. Therefore, in the instant case, when the notices were issued to the petitioner under sub-Section (1) of Section 3E of the Act, it implies that the Central Government has deposited the compensation amount with the competent authority. The competent authority has issued notices to the petitioner not only to surrender possession, but also to appear before the authority for the purpose of disbursement of the compensation amount already deposited.
Accordingly, the matter is disposed of.
Learned counsel for respondent No.2 authority submits that the Central Government has deposited the compensation amount with the competent authority and it is for the petitioner to prove his title and seek compensation accordingly.
The notices issued under sub-Section (1) of Section 3E of the Act are with regard to surrender of possession. If the land owner seeks compensation, then he would have proceed under sub-Section (2) of Section 3H of the Act.
The petitioner is at liberty to appear before the competent authority and prove that he is entitled to receive the compensation amount by producing relevant documents to the satisfaction of that authority. The competent authority shall consider the same and dispose of his request in accordance with law. In the circumstances, the prayers sought for by the petitioner cannot be granted.
Sd/- JUDGE.
Ksm*