TARLOCHAN SINGH v. UNION OF INDIA INSC 395

Name Of The Case: Tarlochan Singh v Union of India

Facts: This case involves a matter of the acquisition of land under the Act National Highways, 1956. By the Notification dated the 24th of December, 2004, the Respondents issued under Section 3-A of the Act, 20 marlas were acquired for the purpose of road widening. It was the land belonging to the appellant. The National Highway in question was not the only one. It was Jalandhar-Pathankot Road, which was being widened. The Land Acquisition Collector (LAC) determined the payment for the owned land at Rs. 1,23,050. The appellant, not being content with the sum of compensation, lodged a reference to the Commissioner of the Jalandhar Division refunding the matter and asking the Commissioner, who is also the Arbitral Tribunal, to relook at the compensation.

Issue: The main question, therefore, revolves around whether an order from the High Court to send the case to the arbitrator for fresh disposal was legal in nature and hence justified.

Holding: After analyzing the case, the High Court of Punjab and Haryana concluded that the case needed fresh consideration by the arbitrator. The court noted that the issue must be thoroughly adjudicated promptly in order to provide compensation; therefore, it sent the case back to the arbitrator for fresh consideration. The appeals were disposed of by the directive that the learned arbitrator must expeditiously adjudicate the dispute relating to compensation.

Rationale: The High Court remanded the case is of great significance in determining proper fair assessment for compensation on the land acquired under the National Highways Act. It is an important precedent case with regard to the proper adjudication in matters relating to land acquisition cases, relating to the rights of landowners and the state's obligation with regard to the compensation for lands taken over for public purpose.