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Madhya Pradesh High Court · body

2015 DIGILAW 1144 (MP)

Sujata v. Union of India

2015-11-02

C.V.SIRPURKAR, RAJENDRA MENON

body2015
ORDER 1. The petitioners have filed this writ petition and have called in question the act of the competent authority exercising jurisdiction under section 3G sub-sections (1) and (2) of the National Highways Act, 1956 (for short “the Act, 1956”) in the matter of assessment of compensation for the land acquired under the Act, 1956. It is stated that when the compensation was assessed and the award was passed after 1st January, 2015, the Act, 1956 stood repealed by virtue of section 105 of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and“Settlement (Amendment) Act, 2015 (for short “the Act, 2015”) and therefore the amount awarded under the National Highways Act is not proper. Now the enhanced award is to be passed in accordance to the amended provisions of the Act, 2015. Accordingly claiming enhanced amount in view of the aforesaid amended Act. Therefore, the writ petition has been filed. 2. The respondents have appeared and have raised objections to say that once the award has been passed under the provisions of the Act, 1956, if the petitioners have any grievance with regard of the award, they should raise a dispute before the Arbitrator appointed by the Central Government as per the provisions of section 3G(5) of the Act, 1956 and as statutory remedy is available, the writ petition filed before this Court is not maintainable. 3. Learned counsel for petitioners has submitted that in light of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, which came into force on 1.1.2015, all the powers available under the said Act can be exercised by the Arbitrator, who exercises the power under the Act, 1956, and therefore the Arbitrator may be directed to look into the matter. We find much force in the argument advanced by learned counsel for petitioners and therefore we direct that on the petitioners filing a certified copy of this order along with a dispute seeking enhancement of compensation before the Arbitrator appointed by the Central Government under section 3G(5) of the Act, 1956 or the competent authority, if available appointed under the Right to Fair Compensation“and Transparency in Land Acquisition Rehabilitation and Settlement Act, shall look into the grievance of the petitioners with regard of enhancement of compensation and pass appropriate orders in accordance with law within a period of 60 days from the date of receipt of certified copy of this order. If the petitioners have any grievance after passing of order by the competent authority, then they shall be free to challenge the same. In case the petitioners raise the dispute before the Arbitrator or any other competent authority within a period of 30 days from today, the Arbitrator shall proceed in the same in accordance with law and shall not reject the application on the ground of delay. 4. Certified copy of the impugned award be returned back to the petitioners after keeping the photocopy of the same. 5. Accordingly, the writ petition stands disposed of.