Indore (Madhya Pradesh): The Indore bench of Madhya Pradesh High Court has directed the competent authority under the National Highways Act to consider a representation filed by Ghisu Singh Chouhan and others, seeking compensation for trees, orchards, and similar assets affected during land acquisition. The Court clarified that it was not expressing any opinion on the merits of the claim.
A division bench comprising Justice Vijay Kumar Shukla and Justice Binod Kumar Dwivedi was hearing a writ petition filed under Article 226 of the Constitution. The petitioners had argued that even though an award had already been passed in their land acquisition case, the authorities were still empowered to issue a supplementary award to compensate for trees and other structures on the acquired land.
During an earlier hearing on November 21, 2025, the Court had questioned whether such relief could be sought after the issuance of the final award. In response, counsel for the petitioners Nandini Sharma cited judgments of the Jammu & Kashmir and Ladakh High Court, including the decision in Amanullah Khan vs Union of India, which relied on the Supreme Court ruling in Mohanji vs State of UP.
The apex court had held that supplementary awards may be issued for buildings, trees and machinery even after the main award is passed and that affected landowners may also seek reference under Section 18 of the Land Acquisition Act.
The bench noted these legal precedents and directed that the petitioners representation be considered expeditiously and in accordance with law. The petition was disposed of with the clarification that the Court was not adjudicating on the validity of the compensation claim itself.
