Allahabad High Court
Lalji vs National Highway Authority Of India And ... on 26 February, 2020
Bench: Bala Krishna Narayana, Ravi Nath Tilhari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 3089 of 2020 Petitioner :- Lalji Respondent :- National Highway Authority Of India And Another Counsel for Petitioner :- Arvind Srivastava,Raj Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Pandey Hon'ble Bala Krishna Narayana,J.
Hon'ble Ravi Nath Tilhari,J.
(Per - Ravi Nath Tilhari,J.) Shri Arvind Srivastava, learned counsel for the petitioner submits that the petitioner does not press prayer no. (a) as initially made, which was for quashing of the awards dated 31.08.2018 and 07.09.2018 (Annexure No. 3 & 4 respectively to the writ petition) passed by the Competent Authority/Special Land Acquisition Officer Irrigation, Mirzapur, but prays for a direction to the respondent no. 3/the District Magistrate/Arbitrator, District-Mirzapur to consider and decide the petitioner's objection/application filed under Section 3G(5) of the National Highways Act, 1956 (Annexure No. 6 to the writ petition) for determination of compensation by the Arbitrator.
Learned counsel for the respondents have no objection to the above request of the petitioner.
Accordingly, the petitioner is directed to delete original prayer no. 'a' and to add prayer for a direction to the respondent no. 3 to decide his objection/application under Section 3G(5) of the National Highways Act, 1956.
Let the necessary amendments be made by the petitioner's counsel.
We have heard Shri Arvind Srivastava, learned counsel for the petitioner, learned Standing Counsel for respondent nos. 2 and 3 and Shri Ashok Kumar Pandey, learned counsel for respondent no. 1.
This writ petition as now stands is for the following reliefs:-
"(a) Issue a writ order or direction in the nature of Mandamus directing the respondent no. 3 to decide the application/objection under Section 3G(5) of the National Highway Act, 1956 dated 26.11.2018 pending before him.
(b) Any other writ, order or direction as this Hon'ble court may deem fit and proper in the circumstances of the case; and
(c) Award cost of the petition to be paid to the petitioners."
The petitioner's case is that his land was acquired for expansion of the National Highway by means of the notifications under Section 3A and 3D of the National Highways Act, 1956 duly published in the Official Gazette and the newspapers. The Competent Authority also determined compensation of the acquired land by different award dated 31.08.2018 and 07.09.2018 passed under Section 3G(1) of the National Highway Act, 1956 for plot no. 38 of which the petitioner is sole owner and for plot nos. 2, 3, 8, 23 & 24 of which the petitioner is co-owner. The petitioner filed objection/application under Section 3G(5) of the Act, on 26.11.2018 against the award dated 31.08.2018 with respect to gata no. 38 before the respondent no. 3/District Magistrate/Arbitrator, District Mirzapur which is pending.
Learned counsel for the respondents have no objection to the petitioner's prayer for disposal of his objection/application under Section 3G(5) of the National Highways Act, 1956.
We have considered the submissions advanced by the learned counsel for the parties.
Section 3G of the National Highway Act, 1956 is as follows:-
"Section 3G in The National Highways Act, 1956 [3G. Determination of amount payable as compensation.?
(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.
(2)Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent. of the amount determined under sub-section (1), for that land.
(3) Before proceeding to determine the amount under sub-section (1) or sub-section (2), the competent authority shall give a public notice published in two local newspapers, one of which will be in a vernacular language inviting claims from all persons interested in the land to be acquired.
(4) Such notice shall state the particulars of the land and shall require all persons interested in such land to appear in person or by an agent or by a legal practitioner referred to in sub-section (2) of section 3C, before the competent authority, at a time and place and to state the nature of their respective interest in such land.
(5) If the amount determined by the competent authority under sub-section (1) or sub-section (2) is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government.
(6) Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act.
(7) The competent authority or the arbitrator while determining the amount under sub-section (1) or sub-section (5), as the case may be, shall take into consideration?
(8) the market value of the land on the date of publication of the notification under section 3A;
(b) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the severing of such land from other land;
(c) the damage, if any, sustained by the person interested at the time of taking possession of the land, by reason of the acquisition injuriously affecting his other immovable property in any manner, or his earnings;
(d) if, in consequences of the acquisition of the land, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change."
Section 29A of the Arbitration and Conciliation Act, 1996 hereinafter called the Act, 1996 provides as under:-
"Section 29 A of the Arbitration and Conciliation Act, 1996 provide that an award has to be made within a period of 12 months from the date the arbitral tribunal enters upon reference."
Thus, sub Section (5) of Section 3G of the National Highways Act, 1956 provides that if the amount determined by the Competent Authority under sub section (1) or sub section(2) is not acceptable to either of the parties, the amount shall, on an application filed by either of the parties is to be determined by the arbitrator appointed by the Central Government. Sub section (6) provides that subject to the provisions of the 1956 Act, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply to every arbitration under this Act and Section 29A provides that the award shall be made within a period of 12 months from the date arbitral tribunal enters upon the reference. The arbitrator/the District Magistrate appointed under Section 3G(5) of the National Highway Act, 1956 by the Central Government, has therefore, to decide the application for determination of the compensation under Section 3G(5) within a period of 12 months.
The petitioner has already approached the appointed arbitrator by filing application dated 26.11.2018 against the award dated 31.08.2018 with respect to plot no. 38 area 0.907 hectares situated in Mauja Atraela Raja Pargana-Kantit, Tehsil Lalganj, District-Mirzapur which is still pending before the arbitrator whereas the period of 12 months has already passed.
The petitioner has made out a case for a direction to the respondent no. 3, the District Magistrate/Arbitrator, District-Mirzapur to decide the petitioner's application for determination of the amount of compensation for his acquired land under sub Section 3G(5) of the National Highways Act, 1956.
Accordingly, we without entering into the merits of the case direct the District Magistrate/Arbitrator, District-Mirzapur to expeditiously consider and decide the petitioner's application dated 26.11.2018 (Annexure No. 6 to the writ petition) preferably within a period of six months from the date of production of certified copy of this order along with copy of the application dated 26.11.2018 in accordance with law.
While considering and deciding the petitioner's application, the arbitrator shall confine itself to the determination of the amount of compensation as provided under Section 3G(5)(6) & (7) of the National Highways Act, 1956 and shall not enter into any other controversy as the petitioner's application shows that he has also raised certain grievances and made certain prayers, which we find are not within the scope of Section 3G(5) of the National Highways Act, 1956.
With the aforesaid observations and directions, this writ petition is finally disposed of.
Order Date :- 26.2.2020 sweta (Ravi Nath Tilhari, J.) (Bala Krishna Narayana, J.)