Row over NHAI Land compensation: Centre has power to take possession, not right to stall work, says Punjab and Haryana HC

The NHAI counsel, Advocate R S Madan, argued that since the 1956 Highway Act is a special law, whereas the Right to Fair Compensation Act of 2013 is a general law, therefore, the special law will prevail.

In its November 26 order, the court dismissed the plea of a couple belonging to Haryana's Yamunanagar district, seeking protection from the family members of the woman. (File)

Taking up a plea over compensation for land acquired by the NHAI, the Punjab and Haryana High Court has held that “the Central government has the power to take possession under the National Highway Act, 1956, after complying with the requirements of Section 3-E of the Act”.

The bench of Justice Anil Kshetarpal has been hearing a petition filed by Manjit Singh and others against Union of India and the NHAI.

The petitioners had contended that their properties were acquired by the Centre in exercise of powers under the National Highway Act, but originally, the petitioners claimed, that no award with regard to the super structure had been passed. The supplementary award with regard to the super structure was announced on June 16, 2021, and the amount payable to the owners was deposited with the competent authority on August 10, 2021.

Meanwhile, counsel for petitioners contended that under the Right to Fair Compensation Act, the possession of the land/property cannot be taken without passing of the award and ensuring that the payment/benefits there under have been paid to the landowners. It was argued that the Collector can take the possession of the land only after ensuring that full payment of the compensation has been done to the persons entitled as well as the rehabilitation and resettlement of such persons has been completed, and in the absence of the aforesaid payment, the Collector has no power to take the possession.

The NHAI counsel, Advocate R S Madan, argued that since the 1956 Highway Act is a special law, whereas the Right to Fair Compensation Act of 2013 is a general law, therefore, the special law will prevail.

The bench of Justice Kshetarpal, after hearing the matter, held, “The Central government has the power to take the possession under the 1956 Act after complying with the requirements of Section 3E of the Act. Hence, in the considered opinion of this court, it is not appropriate to stall the work of widening the national highway any further.”

Advocate pulled up

Noting that the counsel representing the petitioners had also filed a petition in 2018, on behalf of various other landowners, and the Division Bench after considering the matter found that no restraining order can be passed in the facts and circumstances of the given case, Justice Kshetarpal said, “However, while filing the present writ petition, on behalf of some other writ petitioners, the same learned counsel has failed to bring to the notice of the Court the aforesaid order.”

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Justice Kshetarpal observed that, “a person practicing law is required to maintain a higher ethical conduct…No lawyer/advocate should attempt to mislead or conceal material facts or information from the court”. The case has been adjourned for November 10, 2021.

Jagpreet Singh Sandhu

Jagpreet Singh Sandhu is a Senior Correspondent at The Indian Express, based in Chandigarh. He is a veteran reporter with over a decade of experience, specializing in legal, crime, and environmental reporting across the tri-city area (Chandigarh, Mohali, and Panchkula). Professional Background Core Beat: He primarily covers the Punjab and Haryana High Court, District Courts, CBI Courts, and Consumer Commissions. His legal reporting is known for breaking down complex judgments and tracking long-standing criminal cases. Environmental Reporting: Jagpreet has become a key voice in reporting on the deteriorating air quality and weather patterns in the Punjab-Haryana region. Crime & Technology: He frequently reports on cybercrime, digital arrest scams, and the intersection of technology and law enforcement, such as the development of citizen-centric policing apps. Recent Notable Articles (Late 2025) His late 2025 coverage has focused on significant judicial verdicts, major financial scams, and public health concerns: 1. Legal & CBI Court Verdicts "12 years on, CBI court acquits Haryana judge, parents in wife’s death case" (Dec 17, 2025): Detailed coverage of the acquittal of a judicial officer in a high-profile dowry death case from 2013. "‘Wicked & evil mind’: Court gives man 30-year term for kidnapping, sexually assaulting 8-year-old" (Dec 16, 2025): A report on a stern judgment from a Chandigarh district court in a POCSO case. "Man acquitted in rape case after victim found ‘very happy’ in wedding reception" (Dec 9, 2025): Covering a unique legal observation regarding consensual relationships and age verification. 2. Investigative & Scams "CBI registers FIR in Rs 1.14-cr Patient Welfare Grant scam at PGIMER" (Dec 19, 2025): An exposé on how funds meant for poor patients were siphoned off through forged documents and a photocopy shop inside the PGIMER campus. "Month-long torture, Rs 85 lakh transfers: How ‘Innocence Certificate’ led to a ‘digital arrest’ of an elderly couple" (Dec 12, 2025): Detailing a sophisticated cyber fraud targeting senior citizens in Chandigarh. 3. Environment & Public Safety "Panchkula air turns ‘very poor’, fourth worst in country" (Dec 22, 2025): Reporting on the sudden spike in pollution levels in Panchkula compared to neighbouring cities. "Soon, you can snap that overspeeding car, and report to Chandigarh Police" (Dec 16, 2025): Breaking news on a new mobile application being developed to allow citizens to report traffic violations via geo-tagged photos. 4. Gangster Culture & Crime "City Beautiful in the crosshairs of gangsters" (Dec 14, 2025): A feature analysis of how Chandigarh has increasingly become a staging ground for extortion and rivalries between gangster modules. "Shooters wanted for Parry murder held by Delhi Police Special Cell" (Dec 18, 2025): Following the developments in a high-profile murder case in Chandigarh’s Sector 26. Signature Style Jagpreet is recognized for his tenacious follow-up on cold cases and his ability to report on courtroom drama with a focus on victim rights. His work often highlights administrative lapses, whether in the handling of patient welfare funds or the enforcement of environmental standards. ... Read More

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