VidhiSangh

Supreme Court of India · 07/07/2023

VINOD KUMAR & ORS. versus DISTRICT MAGISTRATE MAU & ORS.

[2023] 10 S.C.R. 387 · 2023 INSC 606

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court held that disputes over entitlement to or apportionment of national-highway acquisition compensation must be referred to the Principal Civil Court under Section 3H(4). The District Magistrate acting as a Section 3G(5) arbitrator could determine compensation quantum, not review rival claimants’ shares. His order was quashed and the competent authority directed to make the statutory reference.

Issues

  1. Whether a Section 3G(5) arbitrator could decide rival shares in the compensation amount.
  2. Which forum had jurisdiction to resolve the contested entitlement and apportionment.

Provisions considered

Held

Result

Appeal and writ application allowed; District Magistrate’s order set aside. Special Land Acquisition Officer to refer the compensation-apportionment dispute to the Principal Civil Court under Section 3H(4). No costs; pending application disposed of.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 387.