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IN THE HIGH COURT OF ALLAHABAD
B.K. Narayana, Ravi Nath Tilhari, JJ.
Sita Ram and Ors. - Appellants
Vs.
Union of India and Ors. - Respondent
Civil Misc. Writ Petition Nos. 22248, 19215, 25323 and 23046 of 2019
Decided On : 26-02-2020
National Highways Act, 1956 - Section 3G – Claim of compensation - Possession of the plots – Authority without any jurisdiction - It is contended by Senior Advocate appearing for the petitioners that there being no power of review conferred upon the competent authority under the Act, the fresh award passed by the competent authority by which the rate of compensation was reduced from Rs. 5,500/- per sq. metre to Rs. 780/- per sq. metre, is wholly without jurisdiction and cannot be sustained. He further submitted that Section 33 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013'), limited provisions-whereof relating to determination of compensation have been made applicable to the proceedings under the Act, empowers the Collector to correct any clerical or arithmetical mistakes in awards or errors arising therein either on his own motion or on the application of any person interested or local authority – Held, In none of the cases relied upon by the learned counsel for the respondent No. 4, the scope of power of correcting a clerical/arithmetical mistake in an order, was examined - Although learned counsel for the respondent No. 4 has argued that by the impugned award, the original awards have been corrected but the reading of the two awards tells an entirely different story. There is not even a whisper in the impugned award to the effect that any correction was made in the original awards and in fact the competent authority in the garb of making clerical/arithmetical correction in the original awards, has passed a fresh award which is not permissible under the law - Impugned award having been passed by the competent authority without any jurisdiction, cannot be sustained and are liable to be quashed - Writ petitions succeed and are accordingly allowed. The impugned awards dated 15.5.2018 (Annexure 5 to WRIT-C No. 25323 of 2019, Annexure 6 to WRIT-C Nos. 22248 of 2019 and 23046 of 2019 and Annexure 9 to WRIT - C No. 19215 of 2019), is hereby set-aside - However, liberty is given to the respondent No. 4 to pursue the remedy available to him under Section 3G (5) of the Act. The arbitrator shall decide the application, if any, moved by the respondent No. 4 before him without being influenced by the observations made hereinabove – Petition allowed
JUDGMENT :
1. Heard Sri Shashi Nandan, Senior Advocate assisted by Sri Balendra Deo Misra, learned counsel for the petitioners, learned Standing Counsel for the respondent Nos. 2 and 3 and Sri Neeraj Dube, learned counsel for the respondent No. 4. None appears on behalf of the respondent No. 1.
2. Pleadings between the parties have been exchanged and with the consent of the learned counsel for the parties, we are disposing of this writ petition finally at the admission stage in accordance with the High Court Rules.
3. The facts of this case may be stated briefly hereinbelow:
4. The petitioners in WRIT - C No. 22248 of 2019, claim themselves to be the recorded owners of following plots namely : Plot Nos. 1730/0.0384, 1071/0.0042 sq. metre (owned by petitioner No. 1), plot No. 1732/288 sq. metre (owned by petitioner Nos. 2, 3 & 4), plot Nos. 1077/0.0795, 1742/0.0114 sq. metre (owned by petitioner Nos. 5, 6, 7 and 8), plot No. 1106/0.0231, 1104/0.0209 sq. metre (owned by petitioner No. 10), plot No. 1822/0.0504 sq. metre (owned by petitioner No. 11), plot No. 1650/0.0172 sq. metre (owned by petitioner No. 12), plot No. 1322/0.0129 sq. metre (Owned by petitioner Nos. 13 and 14), plot No. 1722/0.0200 sq. metre (owned by petitioner Nos. 15, 16 and 43), plot No. 1721/0.0230 sq. metre (owned by petitioner Nos. 17, 18, 19, 20, 21, 22, 23, 24, 25 and 41), plot Nos. 1150/0.0216, 1158/0.0042, 1154/0.0060, 1152/0.0480 sq. metre (owned by petitioner Nos. 26 and 27), plot No. 1120/0.0335, 1095/0.0363 sq. metre (owned by petitioner Nos. 28, 29, 30 and 40), plot No. 1107/0.0027 sq. metre (owned by petitioner No. 31), plot No. 1028/0.1106 sq. metre (owned by petitioner Nos. 32, 34 and 36), plot No. 1027/0.0868 sq. metre (owned by petitioner No. 37), plot No. 1034/0.0780 sq. metre (owned by petitioner No. 39), plot No. 1043/0.1232 sq. metre (owned by petitioner Nos. 46 and 47), plot No. 1136/2118/0.0178 sq. metre (owned by petitioner No. 45).
5. The petitioner in connected WRIT - C No. 19215 of 2019, claims herself to be the recorded owner of Gata No. 1121 area 320 sq. metre.
6. The petitioners in connected WRIT - C No. 25323 of 2019 claim themselves to be the recorded owners of plot Nos. 364, 357, 416, 371, 296A, 295, 423, 370, 358, 426, 293, 418, 366, 340, 369 and 342.
7. The petitioners in connected WRIT - C No. 23046 of 2019 claim themselves to be the recorded owners of plot Nos. 1934/0.0672 sq. metre, 1942/0.0159 sq. metre, 1939/0.0190 sq. metre, 2151/0.0384 sq. metre, 2153/0.0576 sq. metre, 1979/0.0203 sq. metre, 2310/0.0168 sq. metre, 1887/0.0112 sq. metre, 1781M/0.0624 sq. metre, 1985/0.0168 sq. metre, 1863/0.0768 sq. metre, 2311/0.0224 sq. metre, 2163/0.0480 sq. metre, 1885/0.0230 sq. metre, 2164/0.0264 sq. metre, 2317/0.0110 sq. metre, 2313/0.0288 sq. metre, 1739/0.0568 sq. metre, 1936/0.0578 sq. metre, 1989/0.0192 sq. metre, 1935/0.1102 sq. metre, 1862/0.0559 sq. metre, 2151/0.0384 sq. metre, 1863/0.0768 sq. metre, 2153/0.0576 sq. metre,. 1796/0.0182 sq. metre, 1945/0.0130 sq. metre, 1792/0.0684 sq. metre, 2309/0.0270 sq. metre, 1862/0.0559 sq. metre, 2319/0.0091 sq. metre, 2320/0.0123 sq. metre and 2321/0.0091 sq. metre
8. The plots of the aforesaid petitioners which are situated in villages-Kakora, Nauria Karaiti and Kasia, Tehsil-Sirathu, District-Kaushambi were required by the respondents for the purpose of widening National Highway Road in Chakeri-Allahabad Section. Awards were made under Section 3G (1) of National Highways Act, 1956 (hereinafter referred to as the 'Act') by the competent authority on 18.1.2018 (in WRIT - C Nos. 22248 of 2019 and 19215 of 2019), on 20.4.2017 (in WRIT - C No. 25323 of 2019) and on 20.10.2017 (in WRIT - C No. 23046 of 2019) granting compensation to the petitioners in lieu of acquisition of their land at the rate of Rs. 5500/- sq. metre. There is nothing on record indicating that the award passed by the competent authority under Section 3G(1) of the Act was challenged by the respondents by filing any applic
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