Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002 v. 1]Champalal Najlya Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur &
Case Details
2024:BHC-AUG:21238 114902.23WP+IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADWRIT PETITION NO.14902 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER VERSUS 1]Champalal Najlya Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 2]Tulshiram Najlya Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule.3]Rekhabai Najlya Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule.4]Sayari Najlya Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule.5]Islam Najlay Pawara Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule.6]Najlya Narsing Pawara, Age : Major, Occu : Agriculturist. R/o. Hadkhed, Tal Shirpur & Dist. Dhule.7]Kutbalni Najlya Pawara, Age : Major, Occu : Agriculturist.
Legal Reasoning
214902.23WP+R/o. Hadkhed, Tal Shirpur & Dist. Dhule.8]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 3 & 5 to 7. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. ...ANDWRIT PETITION NO.14911 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER VERSUS 1]Darsing Sakharam Bhil, Age: 50 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 2]Shevantabai Darsingh Bhil, Age: 45 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule.3]Anju Age: 40 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule.4]SantoshAge: 35 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 314902.23WP+5]Manju Age: 40 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule.6]Gitabai Age: 44 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule.[Since only the first name of the respondent Nos.3 to 6 are not mentioned in the Notifications, Award of Arbitrator, on the Exhibit No.1 of Execution Petitions Filed by the Decree Holder, the Middle Nameand Surname are not known therefore not mentioned in the present petition]7]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 6. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. …ANDWRIT PETITION NO.14924 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER VERSUS 414902.23WP+1]Mistar Chotu Pawara, Age: 45 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule. 2]Dhudkibai Mistar Pawara, Age: 45 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule.3]Jaga Mistar Pawara Age: 42 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule.4]Sunil Mistar Pawara, Age: 40 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule.5]Sanjay Mistar Pawara, Age: 44 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule.6]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 6. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. …ANDWRIT PETITION NO. 14923 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER 514902.23WP+ VERSUS 1]Tukaram Raysing Pawara, Age: 50 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 2]Kalabai Tukaram Pawara, Age: 45 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 3]Dilip Tukaram Pawara,Age: 48 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 4]Paising Tukaram Pawara, Age: 44 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 5]Ramdilal Tukaram Pawara, Age: 40 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 6]Raysing Renada Pawara (Deceased) Age: 44 years, Occu : Agriculturist, R/o. Hadkhed, Tal. Shirpur & Dist. Dhule. 7]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 6. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. … 614902.23WP+ANDWRIT PETITION NO. 14922 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER VERSUS 1]Laxmibai Babulal Pawara (Deceased) Through LRs. 2]Bahadur Babulal Pawara, Age: 45 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule. 3]Amarsing Babulal Pawara,Age: 40 years, Occu : Agriculturist, R/o. Natwade, Tal Shirpur & Dist. Dhule. 4]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 3. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. …ANDWRIT PETITION NO. 14912 OF 2023 National Highways Authority of India, Project Implementation Unit, Dhule, Through its : Project Director 714902.23WP+Ajay R. Yadav Age : Years, “Mansaram Nagar”, Circuit House, Sakri Road, Dhule – 424 002. .. PETITIONER VERSUS Tukaram Kana Pawara (Deceased) Through LRs. 1]Sumanbai Tukaram Pawara, Age: 45 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 2]Parwatibai Tukaram Pawara,Age: 40 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 3]Deepak Tukaram Pawara, Age: 35 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 4]Kana Bildar Pawara (Deceased) Age: 40 years, Occu : Agriculturist, R/o. Hadkhed, Tal Shirpur & Dist. Dhule. 5]The Competent Authority for Land Acquisition (NH-3), Collector Office, Dhule. .. RESPONDENTS…Mr.D.S.Manorkar, Advocate for the petitioner Mr.K.N.Lokhande, AGP for the respondent-State Mr.Prafulsingh H.Patil & Mr.R.M.Patil, Advocates for therespondent nos.1 to 3. Mr.S.W.Mundhe, Advocate for the respondent – CompetentAuthority. …CORAM : ARUN R. PEDNEKER, J. DATE : 06.09.2024. 814902.23WP+JUDGMENT : 1]The question of law involved in the present WritPetitions is noted below : Whether the interest payable on theenhanced compensation granted by theArbitrator under the National HighwaysAct, 1956 would be from the date of takingphysical possession under Section 3-D(i.e. after payment of compensation underSection 3-G) or would be from the date ofNotification under Section 3-D of theNational Highways Act, 1956 till the dateof deposit thereof? Brief facts leading to filing the present WritPetitions are summarized as under :2]The land of the claimants were acquired fromShirpur Taluka, District Dhule for the purpose of wideningof National Highway No.3 by the Government of Indiathrough the National Highways Authority of India videNotification under Section 3-A bearing S.O.No. 1894 (A),dated 17.08.2012 under Section 3 -A of the NationalHighways Act, 1956 [for short ‘the N.H.Act’]. 914902.23WP+3]In pursuance of the above Notification, the jointmeasurement survey was carried out. Notification underSection 3-D of the N.H.Act came to be published videNotification S.O. No.2136 (A) dated 10.07.2013. The awardwas determined by the Competent Authority for LandAcquisition, Dhule [for short ‘ CALA’], dated 03.05.2014under Section 3-G of the N.H.Act and the petitionersdeposited the compensation as per the award passed by theCALA, Dhule. The said compensation was also disbursed bythe CALA, Dhule in the month of June, 2014 and thepossession of the acquired land were taken over on paymentof compensation. 4]Being aggrieved by the award passed by theCALA, Dhule, the respondents filed application underSection 3-G (5) of the said Act for enhancement of thecompensation granted by the CALA, Dhule before theArbitrator and Additional Commissioner at Nashik. TheArbitrator declared an arbitral award dated 23.04.2019thereby enhancing the market rate from Rs.355/- to 1014902.23WP+Rs.1364/- [per square meter]. The petitioner filed anapplication under Section 34 of the Arbitration andConciliation Act, 1996, for setting aside the arbitral awardbefore the District Court, Dhule bearing Civil M.A.No.287/2019 and the same was rejected by the District Court.Thereafter, the petitioner deposited the enhancedcompensation with the Competent Authority for landAcquisition, Dhule. 5]The respondent filed execution proceedingsbearing Arbitration R.D.No. 08/2021, seeking deposit of theamount of interest from the date of declaration of theNotification under Section 3-D till the date of actual depositthereof. By the order dated 18.04.2022, the District Courtdirected the CALA to calculate the interest on enhancedcompensation as per the Arbitration Award from the date oftaking possession of land under Section 3-D i.e. from10.07.2013 i.e. from the date of declaration of theNotification under Section 3-D of the said N.H. Act, till thedate of actual deposit thereof. 1114902.23WP+6]The CALA, Dhule filed an application belowExh.26 (D), dated 28.04.2022, praying for recall of theorder dated 18.04.2022 passed by the District Court, Dhule.The CALA, Dhule contended in the said application thatenhanced compensation has to be from the date of takingpossession under Section 3-D means from the date of takingactual possession at the time of disbursement of thecompensation i.e. on or after 19.06.2014 and not from10.07.2013. The said application was dismissed by orderdated 21.10.2022. Thus, the petitioner in the presentpetition has challenged the order dated 18.04.2022 and21.10.2022 passed by the District Court in the executionproceedings filed by the respondent-claimants. 7]Perusal of Section 3-D and 3-H (1) and (5) ofthe N.H.Act indicate that on the enhanced amount by theArbitrator the interest has to be paid “from the date oftaking possession under section 3-D”. It is contended by thelearned counsel for the petitioners that the word ‘takingpossession’ is important and has to be emphasized. In the 1214902.23WP+instant case at the time of payment of compensation orthereafter under Section 3-G possession is taken of theacquired lands and from that date the interest becomespayable. The possession is not taken in the instant case onthe date of Notification under Section 3-D. It is submittedthat from the date of taking possession under Section 3-Dtill the date of the actual deposit thereof, means the date oftaking actual / physical possession and not the date ofdeclaration of Notification under Section 3-D. As such, theimpugned orders are liable to be set aside. The learnedcounsel for the petitioners relies upon the judgment in thecase of Gayabai Digambar Puri (Died) Thr. LR Vs. TheExecutive Engineer & Ors. in Diary No. 17566 of 2020,decided on 03.01.2022, wherein the Hon’ble Supreme Courtheld as under :It is well-settled that the normal rule isthat if on account of acquisition of land aperson is deprived of possession of hisproperty, he should be paid compensationimmediately and if the same is not paid tohim forthwith, he would be entitled tointerest on the compensation amount from thedate of taking possession of the land tillthe date of payment thereof as expounded inR.L.Jain (D) by Lrs. Vs. D.D.A. & Ors. 1314902.23WP+reported in (2004) 4 SCC 79 (in particularparagraph 17.1). 8]The learned counsel appearing for therespondent – Competent Authority has adopted theargument of the petitioners and submitted that the Courtfailed to appreciate that when the Notification underSection 3-D was published, the land shall vest absolutely inthe Central Government free from all encumbrances and asper the provisions of the N.H.Act, the acquired land wascontinuously with the Central Government but the actualphysical possession is not taken and thus had to be takenunder Section 3-E of the N.H.Act. Section 3-E gives powerto take possession of the acquired land, which is vested inthe Central Government under Section 3-D (2) and onpayment of the amount determined by the competentauthority under Section 3-G of the N.H.Act. The competentauthority under Section 3-E of the N.H.Act may by notice inwriting direct the owner as well as any other person whomay be in possession of such land to surrender or deliverpossession to the competent authority or any person dulyauthorised it in this behalf, within sixty days of the service 1414902.23WP+of the notice. The argument made by the learned counselfor the competent authority is similar to the argument of thelearned counsel for the petitioners. 9]Per contra, the learned counsel for therespondent–claimants submits that de facto the DistrictCourt has held in the order dated 21.10.2022 that there isno document at all on record which goes to show that theacquiring body took the possession of acquired land fromthe land-owner on 27.06.2014. It is also observed that thesaid possession receipt is photocopy and therefore it cannotbe read in evidence, also it does not bear the date on whichthe acquiring body took the actual possession of theacquired land from the decree holder, and therefore, there isno document at all on record which goes to show that theacquiring body took the possession of the acquired landfrom the land owner on 27.06.2014. Therefore, argumentraised by the learned counsel for petitioners does not arisefor consideration at all. Next submission of the learnedcounsel for the respondent–claimants is that the words used 1514902.23WP+in Section 3-H (5) is that the arbitrator may award interestat nine per cent per annum on such excess amount from thedate of taking possession under Section 3-D till the date ofthe actual deposit thereof. Section 3H (5) does not mentionabout taking possession under Section 3-E whereas wordused in said Section are specifically ‘taking possession underSection 3-D’. As such, the notification under Section 3-D isthe actual date, which is relevant date for determining theenhanced amount of compensation. The learned counselfurther submits that on the notification under Section 3-D,the land shall vest absolutely in the Central Governmentfree from all encumbrances and becomes the property of theGovernment without any conditions or limitations either asto title or possessions and as such on the date of notificationthe claimants have lost title to the land. Therefore, theinterest on the enhanced amount has to be paid from thedate of notification under Section 3-D. The learned counselfor the respondent – claimants relies upon the judgments inthe case of Union of India and another Vs. Tarsem Singhand others reported in (2019) 9 SCC 304, Fruit and 1614902.23WP+Vegetable Merchants Union Vs. Delhi Improvement Trustreported in (1957) AIR (SC) 344 and in the case of Landand Building Department through Secretary & anr Vs. AttroDevi & Ors. in Civil Appeal No.2749/2023 (arising out ofthe S.L.P. (Civil) No.7510, decided on 11.04.2023. 10]In the above facts and circumstances, thequestion as noted at para no.1, arises for consideration inthe instant case. For determination of the question, as raisedabove, at the outset it would be relevant to note here therelevant provisions of Section 3-D, 3-E, 3-F, 3-G and 3-H (2)(5) of the National Highways Act, 1956, as under : 3-D. Declaration of acquisition.—(1) Whereno objection under sub-section (1) ofsection 3-C has been made to the competentauthority within the period specifiedtherein or where the competent authority hasdisallowed the objection under sub-section(2) of that section, the competent authorityshall, as soon as may be, submit a reportaccordingly to the Central Government and onreceipt of such report, the CentralGovernment shall declare, by notification inthe Official Gazette, that the land shouldbe acquired for the purpose or purposesmentioned in sub-section (1) of section 3A.(2) On the publication of thedeclaration under sub-section (1), the land 1714902.23WP+shall vest absolutely in the CentralGovernment free from all encumbrances.(3) Where in respect of any land, anotification has been published under sub-section (1) of section 3-A for itsacquisition but no declaration under sub-section (1) has been published within aperiod of one year from the date ofpublication of that notification, the saidnotification shall cease to have any effect:Provided that in computing the saidperiod of one year, the period or periodsduring which any action or proceedings to betaken in pursuance of the notificationissued under sub-section (1) of section 3-Ais stayed by an order of a Court shall beexcluded.(4) A declaration made by the CentralGovernment under sub-section (1) shall notbe called in question in any Court or by anyother authority.3E. Power to take possession.—(1) Where anyland has vested in the Central Governmentunder sub-section (2) of section 3D, and theamount determined by the competent authorityunder section 3-G with respect to such landhas been deposited under sub-section (1) ofsection 3-H, with the competent authority bythe Central Government, the competentauthority may by notice in writing directthe owner as well as any other person whomay be in possession of such land tosurrender or deliver possession thereof tothe competent authority or any person dulyauthorised by it in this behalf within sixtydays of the service of the notice.(2) If any person refuses or fails tocomply with any direction made under sub-section (1), the competent authority shallapply— 1814902.23WP+(a) in the case of any landsituated in any area falling within themetropolitan area, to the Commissionerof Police;(b) in case of any land situatedin any area other than the areareferred to in clause (a), to theCollector of a District,and such Commissioner or Collector, asthe case may be, shall enforce thesurrender of the land, to the competentauthority or to the person dulyauthorised by it.3F. Right to enter into the land where landhas vested in the Central Government.— Wherethe land has vested in the CentralGovernment under section 3-D, it shall belawful for any person authorised by theCentral Government in this behalf, to enterand do other act necessary upon the land forcarrying out the building, maintenance,management or operation of a nationalhighway or a part thereof, or any other workconnected therewith. 3G. Determination of amount payable ascompensation.—(1) Where any land is acquiredunder this Act, there shall be paid anamount which shall be determined by an orderof the competent authority. (2) Where the right of user or anyright in the nature of an easement on, anyland is acquired under this Act, there shallbe paid an amount to the owner and any otherperson whose right of enjoyment in that landhas been affected in any manner whatsoeverby reason of such acquisition an amountcalculated at ten per cent, of the amountdetermined under sub-section (1), for thatland. 1914902.23WP+3H. Deposit and payment of amount.— (2) As soon as may be after the amounthas been deposited under sub-section (1),the competent authority shall on behalf ofthe Central Government pay the amount to theperson or persons entitled thereto.(5)Where the amount determined undersection 3-G by the arbitrator is in excessof the amount determined by the competentauthority, the arbitrator may award interestat nine per cent, per annum on such excessamount from the date of taking possessionunder section 3-D till the date of theactual deposit thereof.11]From the above noted provisions, it could beseen from the word used in Section 3-H (5) ‘from the dateof taking possession under Section 3-D’ is the relevant date,and needs to be interpreted as to whether the date ofinterest on the enhanced amount, would be on the date ofnotification under Section 3-D or the date of actual takingof possession after payment of compensation under Section3-G. At the out set it is necessary to note that the possessionof lands is not taken on the date of notification underSection 3-D and is taken subsequently as would be reflectedfrom the notification dated 19th June, 2024, which is issuedunder Section 3E (1) (2), 3 (G), 3 (H) (2) of the N.H.Act. It 2014902.23WP+is stated in the said notice that the claimants should handover possession of acquired land to the National HighwayAuthority within a period of 60 days from the receipt of thesaid notice. The learned counsel for the respondent –claimants submits that notification under Section 3E of theN.H.Act is for payment of award amount and not for takingpossession. The possession was not taken immediately afterissuance of notification under Section 3-D of the N.H.Actand as per the notice dated 19th June, 2014 the claimantsare called to hand over the possession of the propertywithin 60 days. As such, it could be safely inferred that thepossession of the acquired land was taken after the date ofnotification under Section 3-G i.e. on 19th June, 2014. Nextquestion is whether the interest should be paid from 19thJune, 2014 or from 10.07.2013 on the enhanced amount. Itis to be noticed that in the case Fruit and VegetableMerchants Union Vs. Delhi Improvement Trust reported in(1957) AIR (SC) 344, the Hon’ble Supreme Court hasobserved that the word “vest” is a word of variable import.It is further observed in the said judgment that Sections 16 2114902.23WP+and 17 of the Land Acquisition Act (Act I of 1894), providethat the property so acquired, upon the happening ofcertain events, shall “vest absolutely in the Government freefrom all encumbrances”. In the cases contemplated bySections 16 and 17 the property acquired becomes theproperty of Government without any conditions orlimitations either as to title or possessions. The SupremeCourt in the case of Land and Building Department throughSecretary & another (supra) has referred to the judgmentin the case of Indore Development Authority Vs. Manoharlaland others [reported in [2020] 8 SC 129] wherein it is heldthat when the State has acquired the land and award hasbeen passed, land vests in the State Government free fromall encumbrances. The act of vesting of the land in the Stateis with possession, any person retaining the possession,thereafter, has to be treated as trespasser and has no rightto possess the land which vests in the State free from allencumbrances and it is also held that not only thepossession vests in the State but all other encumbrances arealso removed forthwith. The title of the landholder ceases 2214902.23WP+and the state becomes the absolute owner and in possessionof the property. Thereafter there is no control of thelandowner over the property. He cannot have any animus totake the property and to control it. Even if he has retainedthe possession or otherwise trespassed upon it afterpossession has been taken by the State, he is a trespasserand such possession of trespasser enures for his benefit andon behalf of the owner. Indore Development Authority[supra] at para nos.244, 245 and 256 has observed asunder: 244. Section 16 of the Act of 1894 providedthat possession of land may be taken by theState Government after passing of an awardand thereupon land vest free from allencumbrances in the State Government.Similar are the provisions made in the caseof urgency in Section 17(1). The word"possession" has been used in the Act of1894, whereas in Section 24(2) of Act of2013, the expression "physical possession"is used. It is submitted that drawing ofpanchnama for taking over the possession isnot enough when the actual physicalpossession remained with the landowner andSection 24(2) requires actual physicalpossession to be taken, not the possessionin any other form. When the State hasacquired the land and award has been passed,land vests in the State Government free fromall encumbrances. The act of vesting of theland in the State is with possession, anyperson retaining the possession, thereafter,has to be treated as trespasser and has noright to possess the land which vests in theState free from all encumbrances. 2314902.23WP+245. The question which arises whether thereis any difference between taking possessionunder the Act of 1894 and the expression"physical possession" used in Section 24(2).As a matter of fact, what was contemplatedunder the Act of 1894, by taking thepossession meant only physical possession ofthe land. Taking over the possession underthe Act of 2013 always amounted to takingover physical possession of the land. Whenthe State Government acquires land anddrawns up a memorandum of taking possession,that amounts to taking the physicalpossession of the land. On the large chunkof property or otherwise which is acquired,the Government is not supposed to put someother person or the police force inpossession to retain it and startcultivating it till the land is used by itfor the purpose for which it has beenacquired. The Government is not supposed tostart residing or to physically occupy itonce possession has been taken by drawingthe inquest proceedings for obtainingpossession thereof. Thereafter, if anyfurther retaining of land or any re-entry ismade on the land or someone startscultivation on the open land or startsresiding in the outhouse, etc., is deemed tobe the trespasser on land which inpossession of the State. The possession oftrespasser always inures for the benefit ofthe real owner that is the State Governmentin the case. Xxxx 256. Thus, it is apparent that vesting iswith possession and the statute has providedUnder Sections 16 and 17 of the Act of 1894that once possession is taken, absolutevesting occurred. It is an indefeasibleright and vesting is with possessionthereafter. The vesting specified UnderSection 16, takes place after various steps,such as, notification Under Section 4,declaration Under Section 6, notice Under 2414902.23WP+Section 9, award Under Section 11 and thenpossession. The statutory provision ofvesting of property absolutely free from allencumbrances has to be accorded full effect.Not only the possession vests in the Statebut all other encumbrances are also removedforthwith. The title of the landholderceases and the state becomes the absoluteowner and in possession of the property.Thereafter there is no control of thelandowner over the property. He cannot haveany animus to take the property and tocontrol it. Even if he has retained thepossession or otherwise trespassed upon itafter possession has been taken by theState, he is a trespasser and suchpossession of trespasser enures for hisbenefit and on behalf of the owner. (emphasis supplied)12]The Constitution Bench in the case of IndoreDevelopment Authority [supra] has held that the word“possession” has been used in Sections 16 and 17 of the Actof 1894, whereas in Section 24 (2) of Act of 2013, theexpression ‘physical possession’ is used. The Court furtherheld that when the State has acquired the land and awardhas been passed, land vests in the State Government freefrom all encumbrances. The act of vesting of the land in theState is with possession, any person retaining thepossession, thereafter, has to be treated as trespasser andhas no right to possess the land which vests in the State free 2514902.23WP+from all encumbrances. 13]Under the National Highways Act, 1956, undersection 3-H (5) the words used are “taking possession underSection 3-D” and not taking “physical possession underSection 3-D”. 14]In view of law discussed in the case of IndoreDevelopment Authority [supra] when the State has acquiredthe land and award has been passed, the land vests in theState Government free from all encumbrances and the act ofvesting of the land in the State is with possession. There isno requirement of taking physical possession for thepurpose of payment of additional interest component. Theargument of the National Highway Authority that theinterest component has to be paid from the date of actualphysical possession, is erroneous. It is provided in Section3-F that where the land has vested in the CentralGovernment under Section 3-D, it shall be lawful for anyperson authorised by the Central Government in this behalf,to enter and do other act necessary upon the land for 2614902.23WP+carrying out the building, maintenance, management oroperation of a national highway or a part thereof, or anyother work connected therewith, meaning thereby that, onthe land having vested in the Central Government underSection 3-D, it shall be lawful for any person authorised bythe Central Government, to enter and do other actnecessary upon the land for carrying out the building,maintenance, management or operation of a nationalhighway or a part thereof, or any other work connectedtherewith. On the date of Notification under Section 3-D,the land has absolutely vested with the Central Governmentin terms of Section 3-D (2) of the N.H.Act and the land shallvest absolutely in the Central Government free from allencumbrances and the Central Government having right toenter and to do construction thereupon. The claimants havelost their lands from the date of notification under Section3-D along with its possession. It is not required that thephysical possession has to be handed over in terms of thejudgment in the case of Indore Development Authority[supra]. Thus, the District Court has thus rightly concluded 2714902.23WP+that the interest on the enhanced amount has to be paidfrom the date of notification under Section 3-D of theN.H.Act and not from the date of taking physical possessionafter deposit of compensation under Section 3-G of the N.H.Act. 15]The reliance placed by the learned counsel forthe petitioners on the judgment in the case of GayabaiDigambar Puri [Died] Thr.LR. Vs. The Executive Engineer &Ors. [supra] is of no assistance as in that case the possessionof the land was taken prior to the award under the LandAcquisition Act. The Hon’ble Supreme Court in the case ofGayabai Digambar Puri [supra] relying upon the judgmentin the case of R.L.Jain (D) by Lrs. Vs. D.D.A. & Ors reportedin (2004) 4 SCC 79 has held that a person, who is deprivedof possession of his property, should be paid compensationimmediately and if the same is not paid to him forthwith, hewould be entitled to interest on the compensation amountfrom the date of taking possession of the land till the date ofpayment thereof. In the above case, the possession is taken 2814902.23WP+prior to the date of award, as such, the Court has concludedthat the interest has to be paid from the date of possessionand the same is not applicable to the instant case. Thus, thereliance placed on the judgment of Gayabai [supra] by thelearned counsel for the petitioner is of no assistance.16]The question of law raised above is answeredaccordingly. Hence, all the Writ Petitions are dismissed. [ARUN R. PEDNEKER] JUDGE DDC