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11. Bombay High Court in 'ARUN S/O. TRIMBAKRAO LOKARE' (Supra), interpreted Section 3H of the NH Act, while considering the issue of apportionment of compensation and entitlement of petitioner, who claimed undivided share in acquired land. The Court, while C/SCA/9093/2020 JUDGMENT applying the principle of harmonious construction held that dispute as to entitlement to receive compensation is to be referred to Principal Civil Court of Original Jurisdiction and that by implication, excludes jurisdiction of the competent authority. The relevant findings and observations of the Bombay High Court runs as under:

XXX XXX XXX 16] It is a settled principle of interpretation of statute that the provisions of any statute are to be so interpreted as to give effect to each of them to the extent possible without giving rise to any conflict or overlapping. This principle of harmonious construction needs to be applied in the matter before hand vis a vis Sub-Section (3) of Section 3-H, while interpreting Sub- Section (3). Such application would lead us to interpret these provisions in harmonious manner putting neither of them otiose. A careful reading of these provisions would reveal that when several persons are entitled to claim compensation, the competent authority has power and jurisdiction to record an opinion and determine the persons who are entitled to receive C/SCA/9093/2020 JUDGMENT share/s and only enables him to apportion the amount of compensation amongst them according to the share they are entitled to. As against this, Sub-Section (4) contemplates a situation where the dispute is raised as to the entitlement of the compensation by several persons and the jurisdiction to decide such dispute is conferred upon the Principal Civil Court of original jurisdiction. In other words, whenever there is dispute raised by any person as to the right to receive either the whole or portion of the compensation, the competent authority is obliged to refer the matter to the Principal Civil Court of original jurisdiction.

           C/SCA/9093/2020                                          JUDGMENT



             Appeal is disposed of."

11.1 In the case of 'NANAK CHAND' (Supra), the Allahabad High Court has also endorsed this view, while interpreting Section 3H of the NH Act.

11.2 Thus, sub-Section (4) of Section 3H of the NH Act is in harmonious construction with sub-Section (3) of Section 3H of the NH Act, and therefore, the dispute with regard to the title and ownership shall need to be referred to the the principal Civil Court of original jurisdiction, within the limits of whose local jurisdiction the land in question is situated, which would decide the entitlement of compensation of several persons and the dispute with regard to the title and ownership.