Hon'ble Saurabh Lavania,J.
Heard Sri Niyaj Ahmad, learned counsel for petitioner, Sri Mukehs Mohan Nigam, learned counsel for respondent Nos. 1, learned State counsel on behalf of respondent No. 2, as well as Ms. Samidha, learned counsel for respondent No. 3 and perused the record.
The present petition has been filed for the following main relief:-
"(i) issue a writ, order or direction in the nature of mandamus directing and commanding the opposite party parties to pay compensation to the petitioner regarding the land 1/8th share of Gata No. 615 area 0.0170 and Gata No. 616 area 0.0810 hectare situated at Village Bukiya, Pargana Bidahar, Tehsil Alapur, District Ambedkar Nagar in compliance of the order dated 24.07.2017 passed by the Arbitrator/Collector, Ambedkar Nagar within stipulated period, in the interest of justice."
Learned Counsel for the petitioner submits that a notification under Section 3A of the National Highways Act, 1956 was issued on 30.07.2012 in order to acquire the lands situated in District Ambedkar Nagar for the purposes to width considering the road from Bharat Nepal Boundary to Varanasi, which is called as National Highways No. 233. He further submits that under notification Section 3D of the National Highways Act, was published on 08.08.2013 in daily news paper. Learned Counsel for the petitioner further submits that the land of the petitioner for the purpose widening the road has been acquired under the notification issued under Sections 3-A and 3 D of Act of 1956. Further submitted that award was given on 02.03.2016 and thereafter the Arbitrator/Collector, Ambedkar Nagar by its order dated 24.07.2017 has fixed rate of the land acquired @ Rs. 27,00/- per square meter and directed to make payment. Learned Counsel for the petitioner further submits that in compliance of order dated 24.07.2017, the amount of compensation of the land of the petitioner which has been acquired, has not been made till date, despite of several reminders given to the authority concerned.
Learned Counsel for the petitioner submits that in an identical matter, on 05.03.2019 the Division Bench of this Court in Land Acquisition No. 6197 of 2019 (Hari Ram Versus Union of India through Secretary, Road Transport and National Highways and Others) , has passed the order. The relevant portion of the order is quoted below:-
"Notice on behalf of opposite party no.1 has been accepted by learned Assistant Solicitor General of India, whereas 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. "
Learned Counsel for the petitioner submits that the case of the petitioner is squarely covered by the aforesaid judgment dated 05.03.2019 in the case of Hari Ram (supra), the petitioner may also be granted same relief.
In view of the above, without entering into merits of the issue, the writ petition is disposed of finally permitting the petitioner to move a fresh representation before the respondent no.-2 i.e. Additional District Magistrate (Finance and Revenue)/competent authority, NHAI 233, District Ambedkar Nagar, pleading his grievances, enclosing therewith relevant documents, which are necessary for disposal of the representation within a period of two weeks from receiving the certified copies of the order.
If such representation is preferred by the petitioner, the respondent No. 2, is directed to consider and decide the same, by a speaking and reasoned order, strictly in accordance with law and judgment referred above, expeditiously, say within a period of four weeks from the date of presentation of a certified copy of this order along with representation.
With the aforesaid terms, the writ petition is disposed of finally.
(Saurabh Lavania, J.) (Anil Kumar, J.) Order Date :- 30.9.2019 Ravi/