The order was passed on a plea filed by certain persons seeking the payment of a rehabilitation and resettlement award after their land was acquired under the provisions of the NH Act. The award was sought under the provisions of the LA Act, 2013.
Notably, the petitioners had prayed for directions to this effect to be issued to the collector concerned. However, the NHAI argued that it is only the competent authority (not the collector) under the NHAI Act that can pass the award.
Apart from this aspect, the NHAI did not oppose the petitioners’ prayer for the payment of a resettlement and rehabilitation award in line with the mandate of the Land Acquisition Act, 2013.
The Court agreed with the NHAI that the competent authority as defined in Section 3(a) of the NH Act should be the authority to assess and decide on the petitioners’ claim.
Source: Barandbench
