Before taking possession of the land, the Competent Authority has to first pronounce an award under Section 3G (1) of the National Highway Act, 1956 determining the compensation of the acquired land. After pronouncement of the award, the amount so determined shall be deposited in the joint account of the Competent Authority (i.e., CALA) and NHAI under Section 3H (1) as per the National Highway Rules, 2019.
After deposition of the compensation amount, the Competent Authority has to issue a public notice in writing, directing the owner as well as any other person who may be in possession of the land to collect the compensation and simultaneously, surrender or deliver possession of the land to CALA or any duly authorized person within 60 days. In case, any person refuses to handover peaceful possession of land, then the act empowers Competent Authority to take possession of the land by approaching the Commissioner of Police, in case of metropolitan area and/or the District Collector in case of any other area after expiry of 60 days period.
Recently a substantial question of law with respect to possession was decided in a batch of petitions by the Delhi High Court in the case of Purshotam Behl & Ors. V. Union of India & Ors. (2020) 275 DLT 16. The High Court held that possession of the land can be taken only after a comprehensive award has been passed i.e. the award must be passed in respect of land, structures/improvements, trees etc., if any.