Constitutionality Of Provisions On Entitlement To Compensation For Easementary Rights Under The Nati

Constitutionality Of Provisions On Entitlement To Compensation For Easementary Rights Under The National Highways Act, 1956: Legal Discourse

Vaibhav Kartikeya Agrawal, Advocate

ABSTRACT

The National Highways Act 1956 (hereinafter 'NH Act') has been enacted in order to provide provisions related to construction of national highways, the matters related to acquisition of land for such construction of national highways, the entitlement to compensation to the owners of land, the right of public hearing in respect of the acquisition and the dispute settlement authority for settlement of disputes, particularly in respect of amount of compensation. Section 3G of the NH Act entitles the owner and user who beneficially enjoy the land under acquisition for the purposes of compensation distinct from the whole land or dominant heritage. This paper endeavours to contemplate the constitutionality of such right to compensation for easementary rights to the owner and the user of such land. It concludes that such easementary rights cannot entitle the owner or occupier for any distinct rates of compensation. Such a construction would be in accordance to the law related to ownership of land, law on transfer of property, law on contract and law on easement and would signify the rules of legal jurisprudence. The paper uses doctrinal method of research.