Heeraram vs The District Collector ...
2025 Latest Caselaw 13146 Raj

Citation : 2025 Latest Caselaw 13146 Raj
Judgement Date : 15 September, 2025

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)

[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:-

(Uploaded on 16/09/2025 at 05:44:59 PM)

[2025:RJ-JD:41107] (3 of 4) [CW-17349/2025]

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 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)

[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