Rajasthan High Court - Jodhpur
Heeraram vs The District Collector ... on 15 September, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:41107]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17349/2025
Heeraram S/o Ramrakhram, Aged About 49 Years, R/o
Samrathalpura, Shree Laxman Nagar, Teh Bapini, Jodhpur,
(Presently Teh- Aau, District - Phalodi) Rajasthan.
----Petitioner
Versus
1. The District Collector, Jodhpur
2. The Competent Authority For Land Acquisition(Sub-
Divisional Officer, Osian)
3. Project Director, Project Implementation Unit, National
Highway, Authority Of India, 188, Umed Heritage,
Jodhpur
----Respondents
For Petitioner(s) : Mr. Om Prakash Mehta
For Respondent(s) : -
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 15/09/2025
1. By way of filing the present writ petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:-
"It is, therefore, respectfully prayed that instant petition may kindly be allowed and by an appropriate order or direction this Hon'ble Court may graciously be pleased to: -
i. Issue a writ of Certiorari, quashing the order dated (Annex-no1) 17.06.2025 passed by the learned District Collector, Jodhpur, transferring the arbitration proceedings to the learned District Collector, Phalodi; ii. Issue a writ of Mandamus, directing the learned District Collector, Jodhpur, to retain and adjudicate the matter to its conclusion, as per law;
iii. Declare that the Gazette notification in question does not apply to pending arbitration proceedings, unless specifically provided;
(Uploaded on 16/09/2025 at 05:44:59 PM) (Downloaded on 16/09/2025 at 09:55:21 PM) [2025:RJ-JD:41107] (2 of 4) [CW-17349/2025] iv. Pass any other or further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case."
2. Learned counsel for the petitioner submitted that the competent authority (Sub-Divisional Officer, Osian) under the National Highway Act, 1956 (hereinafter 'the Act of 1956') has issued an award for the land in question under Sections 3-E and 3-H, treating the nature of the land to be barani- II despite the fact that the nature of the land has been recorded as Awasiya Ekai. He submitted that being aggrieved by the award of the competent authority, the petitioner filed settlement of claim before the District Collector, Jodhpur who was duly appointed and was functioning as an arbitrator in the matter of land acquisition proceedings under the Act of 1956. Learned counsel submitted that during the pendency of the proceedings, the District Collector, Jodhpur, by placing reliance on the gazette notification dated 16.04.2024, which appoints new arbitrators for the newly created district Phalodi- transferred the proceedings to District Collector, Phalodi on the sole basis that the subject land now false within the territorial limits of the new District Phalodi. Learned counsel submitted that the gazette notification dated 16.04.2024 appoints arbitrators only for future disputes which may arise post the re- defining of territorial limits and not for already pending disputes and, therefore, the arbitration proceedings pending before the District Collector, Jodhpur ought not to have been transferred by him to the District Collector, Phalodi.
3. Learned counsel for the petitioner in support of his arguments, has placed reliance on the following judgments:-
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1. Roa Bahadur Thakur v. Ab. Ahad Burza reported in (1971) 0 AIR (J&K) 84.
2. Sk. Farron Ali v. Habiban Bibi reported in 1995 2 CHN 306.
3. A.S. Anand: Yogeshwar Dayal Commissioner of Income Tax, Orissa v. Dhadi Sahu reported in 1993 AIR (SCW) 3578.
4. People Union For Civil Liberties v. State of Uttar Pradesh reported in (2001) 1 UPLBEC 3.
4. Heard learned counsel for the petitioner at Bar. Perused the material available on record.
5. The notification dated 16.04.2024 issued by the Ministry of Road Transport and Highways appointing District Collector and District Magistrate, Phalodi as Arbitrator for the purpose of Section 3-G of the Act of 1956 is reproduced below for ready reference:-
Ministry of Road Transport and Highways Notification New Delhi, the 16th April, 2024 S.O. 1730(E).-- In pursuance of sub-section (5) of Section 3G of the National Highways Act, 1956 (48 of 1956), the Central Government hereby appoints the Officer mentioned in column (2) of the Table below, to be Arbitrator for the purpose of the said sub-section, who shall exercise the powers conferred and perform the duties imposed, on an Arbitrator by or under the said Act within the local limits of his respective jurisdiction as specified in column (3) and (4) of the said Table. Sub - Section (6) and (7) of Section - 3G of the Act shall be taken into consideration while passing awards by the Arbitrator. (1) Sl. No. Designation of the Revenue District State Officer 1 2 3 4 1 District Collector & Jodhpur Rural RAJASTHAN District Magistrate 2 District Collector & Balotra RAJASTHAN District Magistrate 3 District Collector & Sanchor RAJASTHAN District Magistrate 4 District Collector & Phalodi RAJASTHAN District Magistrate (Emphasis supplied)
6. It is not in dispute before this Court that under the Act of 1956, the Collector is designated as the statutory arbitrator for adjudicating disputes relating to compensation. It is also not in dispute that the subject land acquired for public purpose, was earlier situated within the territorial jurisdiction of District Jodhpur.
(Uploaded on 16/09/2025 at 05:44:59 PM) (Downloaded on 16/09/2025 at 09:55:21 PM) [2025:RJ-JD:41107] (4 of 4) [CW-17349/2025] However, during the pendency of the proceedings, a new District namely Phalodi came to be created and the acquired land now falls within the jurisdiction of newly created District. Further, vide notification dated 16.04.2024, the Ministry of Road Transport and Highways has authorized the District Collector, Phalodi to exercise the powers conferred and perform the duties imposed, on an arbitrator by or under the Act of 1956 within the local limits of his respective jurisdiction as specified in Section 3-G of the Act of 1956. The notification dated 16.04.2024 leaves no room of doubt that upon creation of the new District- Phalodi, the proceedings pending before the District Collector, Jodhpur shall stand transferred to the District Collector, Phalodi and he shall continue the same as the acquired land falls under that District.
7. In the opinion of this Court, since the Collector is the statutory arbitrator under the Act of 1956, the authority of arbitrator automatically shifts to the Collector of the new District, who shall continue and conclude the proceedings from the same stage as is left by his predecessor Collector. Accordingly, the order dated 17.06.2025 passed by the District Collector, Jodhpur transferring the arbitration proceedings to District Collector, Phalodi is declared legal and valid. The present writ petition is dismissed being devoid of any merits.
8. All pending applications, if any, stand disposed of.
(KULDEEP MATHUR),J 10-himanshu/divya/-
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