LAWS(MPH)-2016-5-159

RAJESH KUMAR Vs. UNION OF INDIA & OTHERS

Decided On May 12, 2016
RAJESH KUMAR Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner has filed this writ petition and had called in question the act of the competent authority exercising jurisdiction under Section 3G Sub Section 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 repeals 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, this 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 petitioner has any grievance with regard to the award, the petitioner 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.) Shri Vijay Pandey, Advocate has submitted that in light of the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Settlement Act, which come 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 Shri Vijay Pandey, Advocate and therefore we direct that on the petitioner's 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 petitioner with regard to enhancement of compensation and pass an appropriate order in accordance with law within a period of 60 days from the date of receipt of certified copy of this order. If the petitioner has any grievance after passing of order by the competent authority, he shall be free to challenge the same. In case, the petitioner raise the dispute before the Arbitrator or any other competent authority within a period of 30 days from today, the Arbitrator shall proceed the same in accordance with law and shall not reject the application on the ground of delay.