Allahabad High Court
Rekha Devi vs Union Of India And 4 Others on 9 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:88028
Court No. - 1
Case :- APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 341 of 2023
Appellant :- Rekha Devi
Respondent :- Union Of India And 4 Others
Counsel for Appellant :- Mamta Tiwari,Rajesh Yadav,Sanjeev Singh
Counsel for Respondent :- Sayyed Kashif Abbas Rizvi
Hon'ble Shekhar B. Saraf,J.
1. Heard learned counsel appearing on behalf of the parties.
2. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the 'Act') wherein Rekha Devi (hereinafter referred to as the 'Appellant') is aggrieved by the order dated March 8, 2019 passed by District Judge, Mirzapur in Misc. (Arbitration) Case No.69 of 2014 vide which the award of compensation passed under Section 20-F of the Railways Act, 1989 (hereinafter referred to as the 'Railways Act') dated December 12, 2013 and May 21, 2011 (issued vide notification dated May 26, 2012) has been upheld.
3. The facts of the case are briefly provided below:-
i. The respondent Railway issued a notification dated September 3, 2009, under section 20-A of the Railways Act, 1989 (hereinafter referred to as the 'Act') wherein certain plots of land were to be acquired.
ii. Amongst these plots, the plot of the Appellant was also acquired. the appellant was awarded a compensation of Rs.1,86,058/- based on the rate of Rs.264.851 per sq. meters.
iii. The Appellant was informed about this by a communication dated May 26, 2012. The appellant, being dissatisfied with the compensation awarded, applied for appointment of an Arbitrator under section 20-F(6) of the Railways Act by means of an application dated May 26, 2012.
v. Thereafter, the Arbitrator passed the award and affirmed the rates as were given under the under Section 20-G (1) of the Railways Act on December 9, 2013. The Appellant then filed an objection against the award under Section 34 Act 1996, which was dismissed, and hence the instant appeal has been preferred under Section 37 of the Act.
4. It is to be noted that the sale deed of Lal Mani, whose plot was adjoining to the plot of the Appellant, and who was awarded a greater compensation than the Appellant was filed by way additional evidence in the instant appeal by moving an application under Order 41 Rule 27 of the Code of Civil Procedure, 1908. This Court based on the same, vide its order dated February 5, 2020 directed the respondent Railway to file its objection which was not filed. Thus, vide its order dated February 26, 2020, this Court directed the additional evidence filed by the Appellant to be sent to the learned Court below. The learned Court below vide its judgment and order on March 8, 2019 after looking into the said additional evidence as produced came to a conclusion that the sale deed of Lal Mani which has been produced by the Appellant was relevant to the instant case.
5. Based on the same, a report has been submitted by the Learned District Judge, Mirzapur dated May 11, 2022 certifying that the sale deed executed by Lal Mani dated January 28, 2009 finds mention in the records of the Deputy Registrar, Sadar, Mirzapur and thus is a genuine instrument and bona fide. Further another report of learned District Judge has been filed dated January 3, 2024 in compliance of the order dated December 16, 2023 passed in the instant appeal certifying the earlier report dated May 11, 2022.
7. In light of the fact that the plot adjoining the Appellant was awarded compensation at the rate of Rs.887/- per square meters and the amount of the compensation awarded to the Appellant was at the rate of Rs.264.851/- per square meters, this Court, finds that the compensation awarded to the Appellant needs to be enhanced accordingly.
8. Since, the judgment dated March 8, 2019 passed under Section 34 of the Act, the award passed under section 20-G (1) of the Railways Act on December 9, 2013 as well as the award of compensation dated May 21, 2011 given under Section 20-F (1) of the Railways Act were passed in ignorance of aforesaid fact that the plot adjoining the Appellant's was awarded compensation at a higher rate, they are needed to be set aside.
9. Accordingly, the instant appeal is allowed and the impugned order dated March 8, 2019 passed under Section 34 of the Act, the award passed under section 20-G (1) of the Railways Act on December 9, 2013 as well as award of compensation dated May 21, 2011 given under Section 20-F (1) of the Railways Act are quashed and set aside with a direction upon the Arbitrator to decide the matter de novo.
10. With the above directions, the instant appeal stands allowed. There shall be no order as to the costs.
Order Date :- 9.5.2024
Dev/-
(Shekhar B. Saraf,J.)
