Delhi High Court - Orders
Atul Raheja And Anr vs Union Of India And Ors on 1 December, 2023
Author: Yashwant Varma
Bench: Yashwant Varma
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11818/2018
ATUL RAHEJA AND ANR. ..... Petitioners
Through: Mr. Rajesh Gupta, Advocate for
Mr. B.P. Gupta, Advocate.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Kamal Digpaul, Ms. Ishita
Pathak, Advocates for Mr. Ajay
Digpaul, CGSC.
Mr. Shreyansh Rathi, Advocate
for R-2.
Mr. Sanjay Kumar Pathak, SC
with Mr. Sunil K. Jha, Mr. M.
S. Akhtar, Ms. Rini V. Tigga
and Ms. Nidhi Thakur,
Advocates for LAC.
CORAM:
HON'BLE MR. JUSTICE YASHWANT VARMA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 01.12.2023
1. The Court notes from reliefs as claimed in the writ petition that the petitioners essentially assail a notification issued under Section 3(A)(1) of the National Highways Act, 1956 [„the Act‟].
2. Learned counsels appearing for the respondents have drawn our attention to the decision rendered by the Division Bench of the Court in Anubhav Chand Kathuria vs. Union of India and Ors [2019 SCC OnLine Del 7307], where the following observations came to be rendered:-
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 22:37:56 "20. This Court has considered the above submissions. Section 3G of the NH Act delineates the scope of the powers of the CA for determining the compensation payable for land acquired in exercise of the powers under the NH Act. Section 3G (7) spells out four factors that are required to be taken into consideration either by the CA or by the Arbitrator while determining compensation.
Therefore, the scope of the powers of the CA and the Arbitrator in regard to the determination of compensation is no different. In other words, what the CA can do under the NH Act, as far as the determination of compensation is concerned, can well be done by the Arbitrator. If the CA can, as has been contended both by the counsel for the Petitioners as well as the NHAI, make corrections to the factual errors in the notifications issued under Sections 3A and 3D of the NH Act, so can the Arbitrator.
21. Therefore, as far as the present cases are concerned, the Petitioners need not harbour any apprehension that the Arbitrator will not be able to exercise the same powers of the CA. In other words, as far as the present cases are concerned, when both the Petitioners and the NHAI have agreed that the CA can correct the factual errors in the notifications issued under Section 3A or 3D of the NH Act and correct the type of the land as „private‟ instead of „government‟, the Arbitrator can make similar changes.
22. By the same logic, if the Petitioners contend that the nature of the land should not be treated as „agricultural‟, that plea can also be examined by the Arbitrator notwithstanding the fact that the CA has not agreed with the Petitioners in that regard in W.P(C) 5831/2018. In other words, the Arbitrator can and will examine the plea of the Petitioners that in view of the notifications issued under Section 507 of the DMC Act, and the subsequent notifications under the DDA Act, the lands in question are in fact urbanized villages, where the circle rate is much higher than what has been applied by the CA in the impugned order."
3. In view of the above, it was their submission that since the petitioner chose not to pursue the remedies available either under Section 3(C) or 3(G)(5) of the Act, the issues cannot be canvassed in a writ petition.
4. Learned counsel for the petitioners who has appeared in these matters however has brought to our attention that the main counsel who is to address submissions is indisposed today. He has accordingly made a prayer for the matter being adjourned on this one occasion. He This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 22:37:56 also assures the Court that no further adjournment shall be sought. Since personal difficulty has been expressed, let this writ petition be called again on 30.01.2024.
5. It is made clear that no further adjournments shall be entertained.
YASHWANT VARMA, J.
RAVINDER DUDEJA, J.
DECEMBER 1, 2023 vp This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/12/2023 at 22:37:57