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National Highways Authority Act, 1956 –  – Authority passing an order under Section 3(H)(4) has no powers to review such an order – Even consent of the parties to review such order also would not create such review powers

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Respondent No.2 passed an order dated 12.10.2020, under Section 3H(4) of the National Highways Act, 1956, and referred the dispute to the Civil Court for apportionment of the compensation of the land acquired.

For 40 days after passing the order dated 12.10.2020, the Respondent No.2 did not transfer the compensation amount to the Civil Court.  The petitioner submitted the reply.

On 23.11.2020 (i.e. after expiry of 41 days), the Respondent No.3 made an application for review of the order dated 12.10.2020.

On 16.12.2020, the Respondent No.2 reviewed the earlier order and disbursed the amount of Rs.1,86,68,228/- within 48 hours of such review order to the Respondent No.3.

HELD that an order on a review application can be passed only if statute provides or vests powers in the authority.  Merely because two parties come together before an authority and seek review without statute vesting such power, consent of the parties would not create jurisdiction in the Respondent No.2.   The writ petition was allowed. The Respondent No.3 was directed to re-deposit the entire amount to the Respondent No.2.

Judgment dated 12.2.2024 in Writ Petition No.112 of 2021 of Ram Dnyanoba Bastapure Vs. The State of Maharashtra and others.

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