RAJEEV SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) These two connected writ petitions arise out of same controversy and, therefore, were heard together. Since all the relevant facts and arguments are covered by Writ C No.33840 of 2023, a detailed judgement is being pronounced treating the said writ petition as the leading one and after conclusion of the judgement in the said writ petition, a separate order shall be passed in the connected Writ C No.42177 of 2023.

(2.) The Writ C No.33840 of 2023 under Article 226 of the Constitution of India has been filed assailing the order/award dtd. 28/7/2023 passed by the Collector, Jhansi in the capacity of Arbitrator under the provisions of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act of 1996') made applicable by virtue of Sec. 3G(6) of the National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956') in Case No. 2337 of 2023 (Computerized Case No.D202306370002337) (Dr. Rajeev Sinha v. National Highways Authority of India, Jhansi), with a further prayer directing the District Magistrate /Collector /Arbitrator, Jhansi to decide the said case in terms of guidelines/directions contained in the judgment and order dtd. 27/4/2022 passed by the District Judge, Jhansi. THE WRIT PETITION

(3.) The facts of the case are that the petitioner purchased part of land covered by Plot No.481, ad-measuring 0.230 hectares, i.e. 2300 sq. mtrs., situated in Village Koncha Bhanwar, Pargana, Tehsil and District-Jhansi, vide registered sale deeds dtd. 27/3/1993 and 4/2/1994. It is pleaded that, in exercise of powers under the Act of 1956, the Central Government issued a notification dtd. 3/9/2009 under Sec. 3A of the Act which was followed by notification dtd. 9/4/2010 under Sec. 3D of the Act acquiring the petitioner's land and the Special Land Acquisition Officer, assessing the market value of the land @ Rs.15.00 lacs per hectare and attaching certain value to the constructions existing thereon, declared an award dtd. 30/9/2010. The petitioner approached the Competent Authority as per Sec. 3G(5) of the Act of 1956 whereafter an Arbitration Case No.521 of 2012 was registered before Collector/ District Magistrate, Jhansi. The Arbitrator declared his award on 15/9/2017 on the lines of the Special Land Acquisition Officer principally on the ground that the land had not been declared as 'abadi' under Sec. 143 of the UP. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as 'U.P. Z.A. and L.R. Act') and, therefore, would continue to remain an 'agricultural land".