MADAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The award dated 26/05/1989 is sought through this Suit to be made a rule of the Court. The respondent has filed objections to the effect that the award is liable to be set aside as it is neither based on evidence nor any material on the record and is contrary to the terms of the agreement.

(2.) The perusal of the award shows that the petitioner has been awarded the compensation for failure of the respondent to make the site available for the awarded job. The site was a Supplementary Drain which as per the original scheme was off taking from down-stream of the Kahraula Regulator and was aligned along Mungeshpur Drain and Madanpur Drain by reversing their flows upto village Madanpur and then through the land of villages Puth kalan, Ghewra, madanpur etc. upto the Rohini complex and thereafter through Rohini complex upto G.T.Road near village Jhalswa However below G.T. Road the drain had already been constructed while providing the alternative alignment to Bawana Escape upto its outfall into river Yamuna down stream of Wazirabad Barrage.

(3.) The explanation for not providing the site well in time is that the people of the above said villages and the local elected leaders like MCD councillor, Metropolitan Councillor and the area M.P. protested to this alignment as it involved acquisition of their most fertile lands and as a result of stiff opposition construction of the above Supplementary Drain could not be taken up.