Gujarat High Court
Balkrishna Parshottambhai Mangroliya vs Competent Authority on 11 March, 2020
Author: Sonia Gokani
Bench: Sonia Gokani, Gita Gopi
C/SCA/6171/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6171 of 2020
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BALKRISHNA PARSHOTTAMBHAI MANGROLIYA
Versus
COMPETENT AUTHORITY
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Appearance:
MR AJ YAGNIK(1372) for the Petitioner(s) No. 1,2,3
for the Respondent(s) No. 1,2,3,4
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/03/2020
ORAL ORDER
(PER : HONOURABLE MS JUSTICE SONIA GOKANI)
1. Petitioner is before this Court seeking exercise of powers under Article 226 of the Constitution of India with the following prayers:-
"(A) Be pleased to hold and declare that Land Acquisition Award being LAQ Case No. 31/10/Moti Narilo/ Vashi/557 to 566 of 2018 dated 16.03.2018 for Moti Naroli, Taluka Mangrol, District Surat annexed at ANNEXURE-F passed by respondent Competent Authority, Special Land Acquisition Officer and Deputy Collector, Taluka Mangrol, District Surat, under Section 3G(1) of the National Highways Act, 1956, in connection with acquisition of land for construction of Vadodara - Mumbai Six/Eight Lane Expressway for Village Moti Naroli, Taluka Mangrol, District Surat as illegal and unconstitutional;Page 1 of 5 Downloaded on : Thu Mar 12 01:19:14 IST 2020 C/SCA/6171/2020 ORDER
(B) Be pleased to direct respondent Collector, District Surat to revise and upgrade the market value following the mandate of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 r/w Section 32A of the Bombay Stamp Act, 1958 and be further pleased to thereafter direct respondent Competent Authority/ Special Land Acquisition Officer and Deputy Collector to undertake the exercise of passing award afresh to the extent of determining Market Value of land to be acquired of petitioners following the mandate of notification dated 28.08.2015 issued by the Ministry of Rural Development and thereby apply in true spirit and object Schedule I, II and III of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and determine the amount of fair compensation providing rehabilitation and resettlement and infrastructure amenities de novo and afresh;
(C) To hold and declare that appointment of District Collector as an arbitrator vide notification issued in September 2018 under Section 3G [5] of the National Highways Act, 1956 and annexed at ANNEXURE-H after issuance of notification dated 28.08.2015 and Amendment in section 12 read with amended Schedule 5 and Schedule 7 based on Arbitration and Conciliation (Amendment) Act 2015, suffers from conflict of interest, raises justifiable grounds with regard to impartiality and independence of the respondent Collector as an Arbitrator and the same is therefore violative of section 12 of the Arbitration and Conciliation Act, 1996 (as amended in 2015) and runs contrary to the statutory obligation imposed on the Collector under Section 26 of the Act of 2013 and therefore illegal and unlawful and be further pleased to hold and declare the same as suffering from legal malafide discriminatory, irrational, arbitrary and therefore and violative of Articles 14, 19, 21 and 300A of the Constitution of India and therefore unconstitutional;
AND be further pleased to quash and set aside the appointment of respondent Collector as arbitrator Page 2 of 5 Downloaded on : Thu Mar 12 01:19:14 IST 2020 C/SCA/6171/2020 ORDER under section 3G (5) of the National Highways Act vide notification issued in September 2018 at ANNEXURE-H. (D) To direct respondent no.4, Central Government represented by Ministry of Road Transport and Highway to appoint a judicial officer not below the rank of District Judge, retired or a sitting or any other senior judicial officer as an arbitrator under section 3G(5) of the National Highways Act, 1956 to arbitrate upon the dispute between respondent Competent Authority / Dy. Collector and the petitioner and similarly situated persons whose land are acquired for construction of Vadodara-Mumbai Six/Eight Lane Expressway following the mandate of section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013;
(E) Your Lordships be pleased to direct the respondent authority to take into consideration the consideration set forth in instrument/s executed by the State Government, the Central Government , a local authority, Gujarat Housing Board, Gujarat Slum Clearance Board or Gujarat Industrial Development Corporation as mandated in proviso to section 32A of the Gujarat Stamps Act, 1958 while determining the market value for the purposes of section 26 of the Right to Fair Compensation and Transparency in Lank Acquisition, Rehabilitation and Resettlement Act, 2013.
(F) Be pleased to direct respondents to appoint experts consisting of officers from the Officer of District Inspector of Land Record or City Survey Superintendent, Technical Officer from NHAI and competent officers from the officer of respondent Land Acquisition Officer to measure the land owned by the petitioner for the purpose of paying the compensation as determined in the award in the event the disputed question of actual measurement of land cannot be decided on the basis of documents on record.
(G) During the pendency and final disposal of the Page 3 of 5 Downloaded on : Thu Mar 12 01:19:14 IST 2020 C/SCA/6171/2020 ORDER present petition, be pleased to direct respondent no.4, Central Government represented by Ministry of Road and Transport and Highway to appoint a judicial officer not below the rank of District Judge, retired or a sitting or any other senior judicial officer as an arbitrator under section 3G(5) of the National Highways Act, 1956 to arbitrate upon the dispute between respondent Competent Authority / Dy. Collector and the petitioners and similarly situated persons whose land are acquired for construction of Vadodara - Mumbai Six/Eight Lane Expressway following the mandate of section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(H) During the pendency and final disposal of the present petition be pleased to stay the notification issued in September 2018 at ANNEXURE-H appointing respondent Collector as an arbitrator u/s 3G[5] of the National Highways Act, 1956.
(I) During the pendency and final disposal of the present petition be pleased to stay arbitration proceedings being presided over by respondent Collector.
(J) During the pendency and final disposal of the present petition, be pleased to stay arbitration proceedings.
(K) During the pendency and final disposal of the present petition be pleased to direct respondent Collector to initiate the process of revising and updating the Market Value of the land situated within District Surat, including that of the petitioners and similarly situated and affected persons by the acquisition of land for construction of Vadodara - Mumbai Six/Eight Lane Expressway following the mandate of section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 R/w Schedules I, II and III of the Act of 2013 and section 32A of the Bombay Stamp Act, 1958;
Page 4 of 5 Downloaded on : Thu Mar 12 01:19:14 IST 2020 C/SCA/6171/2020 ORDER(L) To pass any other and further reliefs that may be deemed fit and proper and in the interest of Justice and Equity."
2. We have heard learned advocate appearing for Mr. A.J. Yagnik who is stating before us that the part of the compensation has been received and the possession of the land in question has already been handed over. He also adds that Special Civil Application No. 434 of 2019 where this Court has issued notice contained identical questions of facts and law.
3. Issue Notice returnable on 18.03.2020.
4. Direct service today is permitted.
(SONIA GOKANI, J) (GITA GOPI,J) Bhoomi Page 5 of 5 Downloaded on : Thu Mar 12 01:19:14 IST 2020