Court Cites Jurisdictional Error in Reference Under National Highways Act; Mandates Impleadment of Proper Parties
In a significant judgment, the Kerala High Court has quashed the reference proceedings concerning land acquisition for the expansion of the National Highway, citing jurisdictional errors and lack of proper impleadment of parties. The case, titled Sreeja v. Malabar Devaswom Board, was decided by Justice Easwaran S. on May 18, 2026.
The crux of the dispute revolved around whether the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) were applicable to acquisitions under the National Highways Act, 1956. The petitioners, claiming to be members of the trustee family of the Thiruvangat Para Temple, challenged the proceedings initiated after a portion of the temple's land was acquired for highway expansion.
The District Collector had determined a compensation amount of Rs. 2,04,19,333, but the proceedings were treated as a reference under Section 77 of the Act 30 of 2013, which the High Court found impermissible. The judgment emphasized that such references should be under Section 3H(4) of the National Highways Act, 1956, thereby rendering the District Court's order null and void due to lack of jurisdiction.
Invoking Article 227 of the Constitution, the court ordered the restoration of the matter for fresh adjudication, allowing the petitioners to be impleaded and to present evidence supporting their claim. The court directed the District Court-II, Manjeri, to resolve the matter within six months, maintaining the compensation amount in a nationalized bank until a final decision is rendered.
This decision underscores the importance of jurisdictional correctness in land acquisition proceedings and highlights the need for proper representation of all stakeholders involved.
Bottom line:-
Jurisdictional error in reference proceedings under National Highways Act, 1956 vis-a-vis applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013).
Statutory provision(s):
National Highways Act, 1956, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Article 227 of the Constitution of India
Sreeja v. Malabar Devaswom Board, (Kerala) : Law Finder Doc id # 2907143
