M.N. Bhandari, J. - (1.) THESE writ petitions involve common question of law an fact, thus heard and decided together.
(2.) LEARNED counsel for the petitioner/s submit that acquisition proceedings were initiated and completed by the National Highway Authority (for short "the Authority") under the provisions of National Highways Act, 1956 (for short "Act of 1956"). The compensation was determined, however, dispute remained in regard to distribution of compensation. As and when there exists dispute regarding claim of compensation, it cannot be determined by the competent authority but has to be referred to the Principal Civil Court. In the instant case, the competent authority determined the issue instead of referring it to the Principal Civil Court. Referring to the facts of this case, it is submitted that in few cases, the land was sold through registered sale deed yet in absence of mutation, the amount was awarded in favour of previous land holder ignoring the claim of purchaser through a registered sale deed. In few cases, one of the Khatedar, out of joint khatedar, has been denied compensation as he was not possessing the part of land acquired by them whereas in few cases, claim of compensation was made in the ratio of khatedari rights by joint khatedar. In other cases where proceedings under Section 90B of the Land Revenue Act, 1956 was completed, the compensation was given to the Municipalities concerned instead to the extent of land came in the share of municipalities. In those cases, the petitioner/s should have been given compensation to the extent of land, of which, Pattas had been issued in their favour. In any case, all these disputes should have been referred to the principal civil court of original jurisdiction as per Section 3H of the Act of 1956. The competent authority, however, directed the petitioner/s to prefer an appeal for the aforesaid purpose, though not provided under the Act.
(3.) THE other argument/s of learned counsel for the petitioner/s is that after determination of compensation, it should have been deposited with the civil court but it was deposited with the competent authority.;