Sant Isher Singh Public School Sen. Sec. School v. Union Of India And ORS

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (102) Date of decision:- 11.08.2025 Sant Ishar Singh Public Senior Secondary School, Ranwan, District Fategarh Sahib ... Petitioner

Versus

Union of India and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. A.P.Kaushal, Advocate for Mr. Navjot Singh, Advocate for the petitioner.

None for respondents No.1 and 2.

Mr. C.S.Bagri, Advocate for respondent No.3 (THROUGH V.C.) Mr. Raghujeet Singh Madan, Advocate and Mr. D.K.Prajapati, Advocate for respondent No.4-NHAI.

**** SUVIR SEHGAL, J. (ORAL) 1.

Instant writ petition has been filed inter-alia for issuance of a writ, in the nature of mandamus, directing respondent No.2 to decide the objections dated 28.05.2018, Annexure P-1, submitted by the petitioner to SDM-cumCompetent Authority, Fatehgarh Sahib. 2.

Upon notice, writ petition has been contested by respondents No.3 and 4 by filing separate replies.

3.

Counsel for the parties have been heard.

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Some land has been acquired by the respondents under the provisions of the National Highways Act, 1956 (for short "the Act") and an award has been passed by the competent authority on 14.05.2018. There is a dispute between petitioner and respondent No.3 regarding apportionment of compensation. Petitioner alleges that buildings standing on the acquired land belongs to it, whereas respondent No.3, who is running a dhaba, claims that he is owner of the structure. Petitioner has submitted objections, Annexure P-1, which are pending before the authorities.

5.

Sub-Section (4) of Section 3H of the Act takes care of such a situation. The provision is reproduced hereunder:- "3H. Deposit and payment of amount:- XXXX XXXXX XXXX (4) 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."

6.

In view of the statutory provision, objections, Annexure P-1, submitted by the petitioner have to be referred by the competent authority to the jurisdictional principal civil court in terms of Section 3H (4) of the Act. 7.

Accordingly, writ petition is disposed of with a direction to the competent authority to refer the objections to the Court specified in Section 3H

(4) of the Act within a period of four weeks from the date of communication of a copy of this order. The objections once received shall be decided by the Court concerned as expeditiously as possible preferably within a period of three months of the receipt from the competent authority.

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The disbursal of the disputed amount of compensation shall be made in terms of the decision taken by the Court under Section 3H (4) of the Act. (SUVIR SEHGAL) JUDGE 11.08.2025 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No