Allahabad High Court
Avinash Kumar & Ors. vs U.O.I.Thru Secy.Road Transport ... on 18 January, 2021
Bench: Ritu Raj Awasthi, Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- LAND ACQUISITION No. - 25008 of 2020
Petitioner :- Avinash Kumar & Ors.
Respondent :- U.O.I.Thru Secy.Road Transport National Highways Min.& Ors.
Counsel for Petitioner :- Manish Mani Sharma
Counsel for Respondent :- C.S.C.,A.S.G.,Samidha
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Manish Mathur,J.
Mr. Rajeev Narayan Pande, learned counsel has filed memo of appearance on behalf of Union of India, the same is taken on record.
Notice on behalf of opposite party no.2 has been accepted by learned Chief Standing Counsel and Ms. Samidha, Advocate has accepted notice on behalf of opposite party no.3.
Heard learned counsel for the parties and perused the records.
Learned counsel for the parties agree that the controversy involved in the present writ petition is squarely covered by the judgment and order dated 19.12.2018, passed in Writ Petition No.34255 (LANA) of 2018. The order dated 19.12.2018, passed in Writ Petition No.34255 (LANA) of 2018 is reproduced below:
"This petition for writ is preferred to have an appropriate writ, order or direction in the nature of mandamus to direct the competent authority of the National Highway Authority of India to make the payment of compensation as per the arbitration award dated 13th of March, 2018.
In brief, factual matrix of the case is that being aggrieved by an award dated 7th of November, 2015 passed by the Land Acquisition Officer-Additional District Magistrate (Finance and Revenue), Amebedkar Nagar, the petitioners initiated arbitral proceedings. The Arbitrator passed an award on 12th March, 2018 by declaring the petitioners entitled to get the compensation determined for known agricultural land at the rate of Rs.1700/- per square meter. Despite representation, no compensation was released, therefore, the petitioners approached this court under Article 226 of the Constitution of India by way of filing the instant petition for writ.
This court under an order dated 29th of November, 2018, directed the counsel for the respondents to obtain instructions in the matter and also to make the court acquaint as to whether the amount enhanced by the arbitrator under the award dated 12th of March, 2018 has been deposited by the National Highway Authority of India with the competent authority or not.
Learned Standing Counsel appearing on behalf of the competent authority after getting the instructions states that neither the amount awarded has been deposited nor the same has been determined with the rate of Rs.1700/- per square meter. It is stated that the District Magistrate, Ambedkar Nagar after passing the award dated 12th of March, 2018 under a communication dated 22nd of March, 2018 conveyed to the competent officer, National Highway Authority of India to ensure that the compensation to the land owners pertaining to the land measuring 0.051 Hectares be made only to the persons effected whose land is situated adjacent to the man road.
As per the averments contained in the communication dated 22nd of March, 2018 the known agricultural rates for determination of compensation shall be applicable only for the land which is adjacent to the road under widening project.
On going through the award dated 12th of March, 2018 it reveals that the same nowhere makes any distinction with regard to determination of compensation on basis of the fact that whether the land is adjacent to the main road or not. The award refers for entire land measuring 0.051 Hectares and it further mentions for determination of the compensation that is to be paid to the petitioners on the rate prescribed i.e. of Rs.1700/- per square meter.
It is also pertinent to notice that the arbitrator after examining the entire evidence available on record arrived at the conclusion that the applicable circle rate in the area concerned is Rs.1700/- per square meter and it is nowhere stated that such circle rate is applicable only for the land adjacent to main road.
In our considered opinion, the arbitrator after examining the entire issue and after giving an award had no authority to make any kind of modification or to issue clarification unilaterally. The clarification said to be made by the Collector under the communication dated 22nd of March, 2018, as such, is beyond the jurisdiction vested with the arbitrator. The respondents are abide by the award given by the arbitrator subject to any modification therein as per provisions of Section 34 or Section 37 of the Arbitration and Conciliation Act, 1996 as the case may be. Till not having any such modification-alteration, there is no just reason for not making the payment of compensation to the petitioners as per the award dated 12th of March, 2018.
In view of whatever stated above, this petition for writ deserves acceptance, hence, is allowed.
The respondents are directed to make the payment of compensation to the petitioners at the earliest as far as possible within a period of one month from today in accordance with the award dated 12th of March, 2018 with statutory interest, if applicable.
The respondent, National Highway Authority of India, is directed to deposit the awarded amount with the competent authority within a period of 10 days from today and same shall be further disbursed to the petitioners expeditiously as far as possible within a period of one month thereafter. "
In view of above, there is no need to decide the writ petition on merit. It is allowed in terms of judgment and order dated 19.12.2018, passed in Writ Petition No.34255 (LANA) of 2018 with following directions:
1. The respondents are directed to make the payment of compensation to the petitioners at the earliest as far as possible within a period of one month from today in accordance with the award dated 12th of March, 2018 with statutory interest, if applicable.
2. The respondent, National Highway Authority of India, is directed to deposit the awarded amount with the competent authority within a period of 10 days from today and same shall be further disbursed to the petitioners expeditiously as far as possible within a period of one month thereafter.
Order Date :- 18.1.2021
Subodh/-
