Jurisdictional determination based on the applicability of the Act, 2013 and the competent authority to entertain objections under the Arbitration & Conciliation Act, 1996.

JUDGMENT :

1. Heard Shri Arun K. Singh Deshwal, holding brief of Shri Neeraj Srivastava, learned counsel for the petitioner, learned standing counsel for the State - respondent nos. 1 to 3 and Ms. Pooja Agarwal, learned counsel for respondent nos. 4 & 5.

2. The petitioner, in this writ petition, is seeking a direction to the respondents to determine the competent authority to register the case under section 34 of the Arbitration & Conciliation Act, 1996 and direct such authority, either in the District - Moradabad or in the District - Rampur, to consider the application/objection for setting aside the award dated 13.11.2018 made by the District Magistrate, Rampur under section 3-G(5) of the National Highways Act, 1956.

3. Briefly stated, the case of the petitioner is that he is the owner of Arazi No. 44 area 0.300 hectare situated at Village - Mundiya, near Mankara, Tehsil - Bilaspur, District - Rampur. According to him, half portion of the said plot, namely, an area 0.1650 hectare, was acquired in proceedings under the National Highways Act, 1956 for construction of highway. The Special Land Acquisition Officer made his award on 18.10.2016 awarding the petitioner a compensation of Rs. 15,15,520/- @ of Rs. 8 lacs per hectare. Aggrieved by the amount so awarded, the petitioner filed his objections under section 3-G(5) of the National Highways Act, 1956 before the concerned authority and Case No. 1026 of 2017 (Satyaveer Singh Vs. National Highway Authority) was registered before the District Magistrate / Arbitrator, Rampur.

4. It was submitted by the petitioner that the compensation had been determined according to the rate list of the year 2012; whereas, the compensation of the land should have been determined according to the rate list of the year 2015-16 with effect from 01.01.2016, i.e., @ of Rs. 64 lacs per hectare. The District Magistrate/Arbitrator, Rampur rejected the petitioner's application dated 13.11.2018.

5. Aggrieved by the order dated 13.11.2018, the petitioner, it is stated, applied before the Presiding Officer (Land Acquisition, Rehabilitation & Resettlement Authority), Moradabad on 25.02.2019, but the said Authority at Moradabad declined to register the case of the petitioner on the ground that the land is situate in District - Rampur and only the Authority, within the jurisdiction of District - Rampur, had the jurisdiction to decide the matter. It is stated that thereafter, the petitioner, on 28.02.2019, filed objections to the order dated 13.11.2018 before the District & Sessions Judge, Rampur under section 34 of the Arbitration & Conciliation Act, 1996, but the Office of the District & Sessions Judge, Rampur also declined to register the case on the ground of jurisdiction, stating that the Government of Uttar Pradesh had determined Moradabad as the district for determination of matters falling within the jurisdiction of the District - Rampur. Hence, the present writ petition.

6. The submission of learned counsel for the petitioner is that under the notification dated December 3, 2015 issued under section 51, sub-sections (1) & (2) of the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation & Resettlement Act, 2013 (hereinafter referred to as, 'the Act, 2013'), Annexure No. 5 to this writ petition, the Land Acquisition & Resettlement Authorities in the State of Uttar Pradesh have been determined as mentioned in the Schedule and for the District - Rampur, the Authority has been stated to be the Authority situate at Moradabad.

7. Learned counsel for the parties, however, submitted that the Act, 2013 does not apply to the National Highways Act, 1956. It is stated that the National Highways Act, 1956 is included in the Fourth Schedule of the Act, 2013 and section 105 of the Act, 2013 clearly provides that the provisions of the Act shall not apply to enactments relating to land acquisition specified in the Fourth Schedule, subject to the provisions of sub-section (3). Sub-section (3) of section 1