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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
MR. JUSTICE MAHENDAR KUMAR GOYAL, J
Chief General Manager, Dedicated Freight Corridor Corporation Of India Limited, Railway Premises, Ajmer – Appellant
Versus
Divisional Commissioner, Cum Arbitrator, Ajmer – Respondent
JUDGMENT :
1. This writ petition is directed against the order dated 29.05.2019 passed by the Divisional Commissioner, Ajmer (for short “the Arbitrator”) as also the award dated 10.07.2019 passed by the Competent Authority cum the Sub-Divisional Officer, Beawar, District Ajmer (hereinafter referred to as “the Competent Authority”) under the Railways Act, 1989 (for brevity “the Act of 1989”).
2. The relevant facts in brief are that the land acquisition proceeding under Chapter IV-A of the Act of 1989 came to be initiated qua the subject land by issuance of a notification dated 16.03.2009 under Section 20-A (1) of the Act of 1989. Thereafter, the notification dated 21.01.2010 under Section 20-E (1) of the Act of 1989 was published. The Competent Authority, vide its award dated 10.03.2011, assessed the compensation of Rs. 47,58,247/- payable to the respondents No.3 and 4, the Khatedars of the subject land. The award was assailed by the respondents No.3 and 4 under Section 20-F (6) of the Act of 1989 before the Arbitrator who, vide its judgment dated 07.09.2012, held that the compensation was payable Rs. 700 per sq. ft. and the matter was remanded back to the Competent Authority for reas
The High Court will not entertain a writ petition if an adequate alternative remedy exists, and the reassessment of compensation under the Railways Act was upheld as valid.
Aggrieved parties must seek arbitration under Section 20-F of the Railways Act for disputes related to compensation adequacy in land acquisition.
The competent authority under the National Highways Act lacks jurisdiction to alter or review awarded compensation once finalized, except in limited circumstances defined by statute.
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
Point of Law : Acquisition of Land – Compensation -None of them is applicable in the facts of the present case since those judgments have been referred under Indian Stamp Act whereas present case is ....
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