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2018 Supreme(Raj) 1460

IN THE HIGH COURT OF RAJASTHAN
P.K. Lohra, J.
Aditya Kumar Samariya – Appellant
Versus
Union of India & Ors. – Respondent
S.B. Civil Misc. Appeal Nos. 989, 985, 982-984, 986, 988, 990 & 991 of 2007
Decided On : 04-12-2018

Advocates Appeared:
For the Appellant :Shekhar Nephade, Sr. Advocate assisted by Sanjeev Johri, Amit Chavan, Aseem Naphade, Eknath Chavan, Jitendra Maheshwari, Gaurav Shishodia and Lalit Parihar
For the Respondent: Sharad Kothari and Lalit Pareek

Headnote:

C.P.C., Sec. 114 read with National Highways Act, 1956, Sec. 3G (5) and Arbitration and Conciliation Act, 1996, Sec. 11 and 34 — Scope of Judicial review against arbitral award passed u/Sec. 3G(5) of 1956 Act — There existed no agreement between rival parties and the Arbitrator herein was neither appointed with mutual consent of the parties nor by judicial intervention but for remedy of arbitration provided in the Statute itself under sub-section (5) of Section 3G of the Act of 1956 — Held — Interference is clearly warranted to prevent miscarriage of justice — Review allowed.

JUDGMENT :

P.K. LOHRA, J.

Determination of compensation for the land acquired by National Highways Authority of India (NHAI) has prompted all the appellants to prefer these appeals with a common grievance about its adequacy, being not satisfying the criteria and parameters prescribed under law. In substance, the afflictions of all the appellants are founded on unison grounds but for minor differentiation in factual aspects, there fore, all these appeals are heard together and disposed of by a common judgment.

2. The undisputed facts, in brevity, are that at the threshold after following due process in adherence of the National Highways Act, 1956 (for short, ‘Act of 1956’), NHAI acquired land of appellants for constructing bypass of NH-79. The competent authority, after issuing Notification under Section 3A of the Act of 1956, published the same in Official Gazette as well as two local newspapers. In the follow of action, objections of persons interested in the land, i.e., appellants, were heard and then by resorting to Section 3D of the Act of 1956, declaration of acquisition was issued, which was duly published. Later on, possession of the land mentioned in the Notification under Sec. 3A of the Act of 1956 was taken from the appellants and then competent authority determined amount of compensation payable to the appellants under subsection (1) of Section 3G of the Act of 1956. The amount of compensation, determined by the competent authority, did not satisfy the persons interested in the land, i.e., appellants, and therefore, espousing their cause by indicating unacceptability of the compensation amount, they submitted applications before the Arbitrator, District Collector, Bhilwara under sub-section (5) of Section 3G of the Act of 1956. The Arbitrator, upon consideration of the applications of appellants, found no infirmity in the amount of compensation determined by the competent authority and passed separate arbitral awards of even date affirming the determination made by the competent authority.

3. Feeling dismayed with the arbitral awards, appellants made endeavor to seek modification/setting aside of the same before District Judge, Bhilwara (for short, ‘learned Court below’) by laying applications under Sec. 34 of the Arbitration & Conciliation Act, 1996 (for short, ‘Act of 1996’). Despite making sincere endeavor to persuade learned Court below that determination of compensation amount by competent authority is not satisfying the criteria laid down under sub-section (7) of Section 3G of the Act of 1956, the efforts made by the appellants proved abortive. Finally, the learned Court below dismissed the applications of the appellants on 08.11.2006 with separate orders leaving all of them high and dry. This sort of situation has compelled the appellants to invoke appellate jurisdiction under Section 37 of the Act of 1996.

4. With a view to highlight area of the acquired land of individual appellant, situated in village Raila, Tehsil Baneda, District Bhilwara, complete description is shown in the chart, having requisite details in tabular form, as under:

SI. No.

Name

Acquired land

Khasra No.

Land type

1.

Aditya Kumar Samariya (CMA No. 989/2007)

1 Biswa = 1361 sqft

1001/1

Gair Mumkin Abadi

2.10 Bigha = 50 Biswa = 68062.5 sqft.

1006

2.

The Raila Industrial Corporation Limited (CMA No. 985/2007)

1.02 Bigha

934

Bir Banjar

4691 sqft

935

Bir Banjar

1.04 Bigha

936

Bir Banjar

0.10 Bigha

938

Bir Banjar

2.00 Bigha

940

Bir Banjar

0.15 Bigha

955

Barani

3.

Premlal Samariya (CMA 982/2007)

0.01 Bigha = 1361.25 sqft

942

Gair Mumkin Abadi

0.01 Bigha = 1361.25 sqft.

948

 

3.00 Bigha = 81675 sqft.

950

Barani III

4.

Ramkrishna Samariya (CMA No. 983/2007)

2.12 Bigha = 16335 sqft.

988

Min Gair Mumkin Abadi

0.12 Bigha



































































































































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