Patna High Court - Orders
National Highway Authority Of India vs The State Of Bihar on 5 December, 2020
Author: Ahsanuddin Amanullah
Bench: Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8915 of 2020
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National Highway Authority of India Constituted under the provisions of
National Highway Authority of India Act, 1988, having its Head Office at G-5
and 6, Dwarika Sector 10, Delhi 110075 and its Regional Office at D-63,
Srikrishnapuri, P.S.-S.K. Puri, Town and District Patna through its Project
Director, LT Colonel Yogesh N Garhwal, aged about 45 Years, Male, S/o- Sri
Nanak Ram N. Garhwal, Resident of Sasaram Moresarai, P.S.- Sasaram,
District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Collector, Kaimur at Bhabhua.
2. The Additional Collector, District Kaimur at Bhabhua.
3. The Deputy Collector, Land Reforms, Mohania, District Kaimur,
4. The District Land Acquisition Officer-Cum-Competent Authority for Land
Acquisition Under National Highway Act, 1956 having its Office at
Bhabhua District Kaimur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S D Sanjay, Senior Advocate with
Mr. Anshay Bahadur Mathur, Advocate
For the Respondent/s : Mr. Mukul Prasad, AC to GP 18
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL ORDER
2 05-12-2020The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.
2. Mr. S D Sanjay, learned senior counsel along with Mr. Anshay Bahadur Mathur, learned counsel for the petitioner (National Highway Authority of India) and Mr. Mukul Prasad, learned AC to Government Pleader 18 for the State, have assisted the Court.
3. The matter has been taken up out of turn on motion Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 2/8 made by Mr. S D Sanjay, learned senior counsel for the petitioner on 3rd December, 2020, which was allowed.
4. The petitioner has moved the Court for the following reliefs:
"i] For issuance of appropriate writ and/or direction for quashing the order dt. 31.08.2016 passed by the Respondent Competent Authority-cum-District Land Acquisition Officer, Kaimur, Bhabhua, in case No.14 of 2016-17.
ii] For a declaration that the nature and classification of land for the purpose of computation of its rate could not have been legally made on presumption and on the letter of the Official of the Government of Bihar but on the basis of the actual use as per the provisions of the statue. iii] For a declaration that the letter no. 599 dt. 04.12.2015 issued by CALA by which it has informed about the amendment to be made in the original award on the basis of classification of land on presumption of it to be residential, is wholly illegal is liable to be quashed.
iv] For issuance of appropriate writ and/or direction upon the Respondents to pass fresh order on the basis of the nature and classification of land as it was existing on the date of notification U/s 3A of the National Highway Act or on the date of original award dated 20.04.2012 for the purpose of determination of rate of compensation and not thereafter, and/or for any other relief[s] for which the Petitioner may be found entitled to in the facts and circumstances of the case."
5. Mr. S D Sanjay, learned senior counsel submitted, in essence, that the petitioner is aggrieved with the mode of Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 3/8 determination of fair compensation by the Competent Authorities for the land which is acquired for the purposes of constructing National Highways in the State of Bihar. It was submitted that under the National Highway Act, 1956, (hereinafter referred to as the "NH Act"); the Land Acquisition Act, 1894; and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (hereinafter referred to as the "RFCTLARR Act") the quantum of actual compensation of the land acquired has to be on the basis of actual land usage and not any notional fixation by the authorities. It was submitted that though as a test case, the present matter has been brought before the Court, in which the initial Notification under Section 3A of the NH Act was published, as per the requirement of law, on 12.04.2010 and the publication in the newspapers was on 27.05.2010 and thereafter subsequent notification under Section 3D of the NH Act was also made on 08.04.2011, published in the newspapers on 04.05.2011, and then on 20.04.2012, Award under Section 3G of the NH Act was also made by the Competent Authority, CALA, and the same was determined mentioning the nature of the land as per the Notification dated 12.04.2010. It was submitted that the petitioner discharging its Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 4/8 obligation also deposited Rs. 128 crores with CALA for disbursment amongst the land owners.
6. Learned counsel submitted that some land owners being aggrieved by the quantum of compensation had moved before the Arbitrator under Section 3G(5) of the NH Act and the Arbitrator passed order dated 27.08.2015 holding that the lands in question shall be treated as residential and commercial instead of agricultural, relying on the Report dated 16.04.2015 of the statutory Six Member Committee to which the matter was again referred by the Arbitrator, which has simply gone by Letter No. 206 dated 23.08.2014 of the Registration Office, Kaimur, by which all lands situated 100 metres on either side of the National Highways have been treated as residential and commercial and the Arbitrator has directed CALA, to correct the original Award, which, in turn has directed the petitioner to deposit the money at the enhanced rate. Learned counsel submitted that the authorities have misdirected themselves, inasmuch as, the matter which was to be considered and reckoned with reference to 12.04.2010, when undisputedly, the classification has been made on the basis of the Six Member Committee report, as required under law, which has made actual physical verification of lands and, which was headed by the Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 5/8 Collector, Kaimur himself. Learned counsel submitted that any re-classification or fresh valuation made three years after the cut-off date cannot, in law, be a ground to revise the quantum of compensation, which was done at the relevant point of time, after fully complying with the existing legal provisions, and base upon the same, the entire amount has also been deposited by the petitioner.
7. Learned counsel further submitted that the petitioner being fair to the landowners, before the Arbitrator had agreed that the matter may be referred again for recommendation by the Six Member Committee, but the same was to be done on actual ground verification of the lands in question, but from the plain reading of the order itself, it is clear that even the Six Member Committee has only acted like a post office by endorsing the classification made by the Registration Office, Kaimur, in its Letter No. 206 dated 23.08.2014, for which a notional classification has been made which is totally in the teeth of the statutory provisions, which does not permit any such assumed or presumed classification by any authority. Learned counsel submitted that even the Six Member Committee has disregarded its responsibility with regard to re- verification of the lands on the basis of physical inspection Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 6/8 relating to its usage and has blindly relied upon the aforesaid classification contained in the letter of the Registration Office, Kaimur, dated 23.08.2014.
8. Learned counsel drew the attention of the Court to communication dated 15.02.2018 by the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, to all the Collectors in the State of Bihar, clarifying that for the purposes of determination of compensation under the RFCTLARR Act, the requirement is actual land usage.
9. Summing up his arguments, Mr. S D Sanjay, learned senior counsel submitted that from any angle or point of view, the impugned orders cannot be sustained, more so, as basically it is the money of the public, which cannot be distributed to a few persons without them having a right under law. Learned counsel submitted that this situation is prevalent in many districts of Bihar and the petitioner is handicapped as being a responsible organization, it cannot be party to such wrongful burden on the public exchequer, that too, for a broader public cause of providing vital connectivity across the country by construction of broad and quality roads. He submitted that against the enhancement of compensation, the petitioner has also moved the statutory forum i.e., the District Judge, Kaimur.
Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 7/8 However, it was submitted that in the present case, the NHAI is restricting its prayer before the Court to decide the basic principle of law i.e., how the Arbitrator/Competent Authority/CALA are required to deal with the issue relating to determination of the quantum of compensation for lands acquired under the NH Act.
10. Learned counsel for the State submitted that he has received some instructions today itself, but the same may not be adequate as he would be required to bring on record both Letter No. 206 of the Registration Office, Kaimur, dated 23.08.2014 as well as the recommendation of the Six Member Committee dated 16.04.2015 in the present case, which are the two basic documents on which the Arbitrator has relied while passing the order dated 27.08.2015. Accordingly, he prayed that the matter be adjourned for a week.
11. Having regard to the aforesaid, as prayed for by learned counsel for the State, the matter be listed on 21st December, 2020, among the top five cases.
12. The Court makes it clear that as it has given more time than what was prayed for by the learned counsel for the State, let the affidavit be filed prior to the next date after service of copy on learned counsel for the petitioner. It is also indicated Patna High Court CWJC No.8915 of 2020(2) dt.05-12-2020 8/8 that the counter affidavit should contain detailed paragraph-wise reply of the authorities, besides bringing on record the two communications, which the Court has adverted to in the order above.
(Ahsanuddin Amanullah, J) J. Alam/-
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