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Supreme Court of India 2023-07-07 allowed

VINOD KUMAR & ORS vs DISTRICT MAGISTRATE MAU & ORS

Bench: 2 — B.R. Gavai, J.B. Pardiwala

In Brief

The Supreme Court held that under the National Highways Authority Act, 1956, when a dispute arises regarding the apportionment of compensation among landowners whose land has been acquired for a national highway, such disputes must be referred by the competent authority (Special Land Acquisition Officer) to the Principal Civil Court of original jurisdiction. The Court clarified that while the competent authority determines the total quantum of compensation, disputes about how that compensation should be distributed among multiple claimants fall within the exclusive jurisdiction of the District Judge. The District Magistrate's attempt to hear and decide the apportionment dispute was therefore without jurisdiction. The Court allowed the appeal and quashed the District Magistrate's order, directing the matter to be properly referred to the Civil Court as mandated by law.

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Land Acquisition Compensation Statutory Interpretation Civil Procedure Administrative Law

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