Awadhesh Kumar Shrivastava vs The Union Of India & Ors on 9 May, 2014

[Cites 1, Cited by 6]

Patna High Court - Orders

Awadhesh Kumar Shrivastava vs The Union Of India & Ors on 9 May, 2014

Bench: Navaniti Prasad Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6458 of 2014
                  ======================================================
                  Awadhesh Kumar Shrivastava                              .... Petitioner
                                                    Versus
                  The Union of India & Ors                        .... .... Respondents
                  ======================================================
                  Appearance :
                  For the Petitioner    : M/s T. N. Maitin, Sr. Advocate and
                                               Akhouri Vipin Bihari Shrivastava, Advocate
                  For the State          : Mr. Akhileshwar Singh, A.C. to G. A. 3.
                  For the D.F.C.I.L.     : Mr. Neeraj Kumar Gupta, Advocate
                  For the Railway          Mr. Sunil Kumar Ravi, Advocate.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH
                                        ORAL ORDER

3   09-05-2014

In this writ petition, the petitioner seeks to challenge the order of the Divisional Commissioner, Patna, passed in the capacity of sole Arbitrator in the matter of compensation to be granted for land being acquired for the Dedicated Freight Corridor Corporation of India Limited.

2. Learned counsel for the petitioner states that consequent to acquisition, the competent authority i.e. the Special Land Acquisition Officer considered the claim and objection and passed an Award. Railway being aggrieved by the same filed an appeal before the Divisional Commissioner, who is the sole Arbitrator in the matter as per the special provisions contained in the Railways Act as amended. He submits that before the Divisional Commissioner, the petitioner was not made a party much less noticed, but the Divisional Commissioner even then disposed of the Patna High Court CWJC No.6458 of 2014 (3) dt.09-05-2014 Page 2 appeal, substantially reducing the award by changing the nature of land.

3. All that was done ex parte. That is what is challenged in this writ petition. Petitioner came to know of that only when subsequent notice for implementing the Divisional Commissioner's order was received from the Land Acquisition Officer.

4. Mr. T. N. Maitin, learned senior counsel appearing in support of the writ petition, submits that this case is identical to the case of Mahendra Pratap Singh and others vrs. The Union of India and others being C.W.J.C. No. 11493 of 2013, which was allowed on 10.03.2014. The order of the Divisional Commissioner is the same, which has already been set aside in the said writ petition.

5. Learned counsel for the Dedicated Freight Corridor Corporation of India Limited, learned counsel for the State and learned counsel for the Railway seek at least two weeks' time to obtain instructions and file comprehensive counter affidavits in the matter. Let them do so.

6. List this writ petition under the heading `For orders' on 23.06.2014.

MPS/-                                         (Navaniti Prasad Singh, J)

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Patna High Court - Orders