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HF VOIlE TilE ARBITRATOR. APPOINTED UNDER NAT IONAL HIGHWAY
AUTHORITY AC]’, 1956/A.D.C., JIM) Sulish Krimar 2. Raihir ss/o Rhagat Rain s/n rek Ram 3. Sutyawan sio id. Run St() Santu 4. l’lari Opt s;o Urn Parkush sb Tk Rain 5. Sandeep n Shrit ii was s;c’ ‘ICR Ram all resident ot Viii. I aroli, lebsi I & Disu. .lind Petitioners Versus ott o I India throuah us Sceretar
Mini sjfl’ ol’ Ship;’ing. Road.
transport and J’liahwavs. New Dcliii c, niet tiei’ieral Manager, National I Iighway Authority oflndia, Ministry I
w. Ruad. I ranspon and I I I&m’uvs. ho;
IS. Uwarka. New Delhi-I 10075, —
i’rtigedl Director, l>roiectJipIem ntation Unit , National Highway i-I, .p7’_ç ofes’:?c At&thoritv of India. Subbash Mariit’ Wail (‘lull. Near Rchtak Central” Coips,ratie Bank Ltd 1 9Pei4eMode1 Town Rohtak. i)istrict Reventie Officer curn Land Acquisitio n Collector, Jind a unipetent Awilc,ritv) iuidci the \ationa highway .‘\CL I95t
Respondents, Rcfcrcnce/Application U/s 3 t(5) ofAct No.48 of NI I.A.I. Act, I 956 itS Hi)) etided upto dOW. S I r. The pcLitiQner submits as tinder Hal
tile ;etitoners are
ititerc’i pers’n— heini owners of thc hind
Khewat No. 173. Khlat;L No, (96 and Khcw at No. 174
t r; i t:I .
2. Kilia No
S. 1(4—4). 23 1:2 4$—IS), 22/
Reci. No. 34 Killa No. 2’2”2,i—6 ) total a I - K an,I 4 Nlurlas situated revenue estu te of Vill. Baroli I & I )istt. 3mG in which petitioner No. I & 2 arc havm 1/4 share :Uk! ehtiniler No. 3 is hav ing 1/4 shares. petitioner No.4 is having if ai;c int1 petitioner No. 5 is having /4 share in above acq uire
Ce ’ 7 Uv, flhol Iridid has pIani!ecV?) ‘t s7 the National 1 lighway
‘f- 71. Rnl;ak—i;,d Section .
‘i,d -nd’ op
in this reuard the Go c of India has accj.tir:j.I t’ aid oh’ tbnucrs lmvin adoining
! IiJi’ay. 1 he land of petitioners is also situated
National I-highwav No.71 within tFtc revenue estate of Village Bat-oil
Teti. & 1)istt. Jim]. 4.
Govt. of India has started the acquisi tion process and acquired the asariculture land situated rn Nat iounl 1 Iighwa No.71 vide null cation No. .‘‘-7 fl(A;ia’) ciatc-d 07 u3.2u1 3. I he award has been aiiiioiinced on 12.11.2013. ‘the not ice tinder National Highway ..\ u l1nit) o [India A ci.. I 956 has been ser\ ed lo the petitioners but the peitioners have raised oljcctions regard ing pncc of the land nxed by the Land Acquisition Collector and has produced the sale instance of \ ii. Baroii and nearby villages and has claimed price of its. 10.000/ the
per q. yards but the Land Acquisition Collector has not considered : c’bjccions r.jised b ilic petitioners and arhitrar1) \vlt!IOUI hearing -
c ‘uS dcr
;r.’a;r! :‘R:.. I
the proposmon of law and has
per ado on!>’ in hurry
man’. u:;reasonuhte and nianv time belo w ‘ i t e’.
k’Otl i red
td. N a: t crsonS are reads to pruchase
A the a:cl laud ‘h I uOU(r— ncr sq. >ard’. 1 l iand has e •hie
is )luVtflt1 ec.nIn)crei;t aRLe.
institute. htctories and ndusZr;c :‘.eâI’b\
i-hat •thcre are common Rata’Ji’ath and canetjj necl khas in anti around the land of the petitioners for which no compensation has been announced. [he petitioners are entitled to compensation on account c acquisition of hind underneath the path and khals in accordance liii their share kIms.
i:i the U;tal land acquired and the iand udner paths’
‘There are I 5 frmn
of Amrad and
hi the acquired
land but no compensation was paid ri’r the trees.
‘l’!tat the I and Acquisition Cofleet”r lts not considered the lawful cientand of the retitioners and passed the award as per direction of ihe respondent. The award is based ott surmises anti cdn\jeetures and is luihie to he modified! and the valu of e the land acquired by the resjonderits is to be re—determined
I hat the I and Acquisiuon
Icetor has not properiy decided the m.trict value ol’Ute land on the dw c’s puuiicatioIl cii tile not ification 1’ s 3;\ of’ National liigt:\a\ Authcirit:. o IadL .\ta. 1kw the I and Acquisition (ollee tor has not proçe:ly assscd the damages sustained by the petition ers a the time of raking possession the acquired land. It’.’ reason o the se\’ cr;ng of such acquired land Iron, i!ie other land 1 he crnpc ot Hircii’ and vhent ‘,ere ‘hown by the petitioner and is standing but rn’ com pensation has been raid. I hut the Land Acquisition Collector has not properly assessed the d;;nagc \ustained by the petitioners at t1e time of’ taking possession at’ the aequred land by reason ol the acquisition injuriously affecting their other agricu U nra! land and a ffec:cd their daily earning and standing crops. Coi
the I and AequiNition Colicaor has not properly assessed the
‘‘1 iaad •.hn compelled to
c’ : t nee :heir rsic!e!tcc ard ;‘t.:c-..t .i i:s::’— and easii:ahe e\penses ecfl ‘pdnt r> trem
I hat due to this acquisition the land of the petitioners has been severance/bifurcated in many pieces hut no special compensation has ucfl
No service iane ras:a
been r:o\’iclecl to the remaining
;:ni.:;.r k;: J.;;tr;,,;r:. r(c: N.’. channel
I ubese i e.tstern
aad no water
has been provided to the retitioners br irrigation of the field
which remains only western side of the NJ-l.7 1. .1 hat the land of the petitione s is adjoIning to the PWD Road aapUru k’ lkro:: and aloe o( the acquired land is highly valuable ‘
;arL the tither land hut land acqu>i ! ion ol icctor did not consider this Ihc: while announcing the award. ii is pertinent to mention here that the acquired land of the petitioner is within two aerre of metalled! ca
I .r -.
:i:c r:::i ::e pct:::oaer— tai: “the rii,ht
ni aser or kiln right in the nature ofw’i easemeni on, any kind is acquired under this Act, there shall be paid an amount to the owner and any other person
hose right of enjoyment in that land has been affected :. :‘
anamoum .::c:: -.i
ii ma; ha aL’ 13.
llI:mt the price lixed by the Ld. Land Acquisition Collector is arbitrary and is not a market va!ue and is not acceptable to the petitioners so
hhng this application/reference for re—determining Uc nice u Inc acquired land :s per market value from \. bsit’uaN’ aoiI tied b’ the ;nh of India. I flat the Land Acquisition Co llector has not provided any solitum 30% of the awarded enhanc ed amount and interest thereo f: That the i and Acquisition Collec tor has not called any objection from E:e pethioners U’s 3C of the National l’lighway At;thority of India arc
[‘hat the I.and Acquisition Co llector has not followed the ben eficiaries ;‘:‘.‘:sio:t of India I .and Ac quisition Act which are manda tory one iv.’ benefit under the above Act has been given to the petitioners. [hat the Land Acquisition Co llector has not considered the new amendment by the Union of India in the Land Acquistion Act in the present award and other sta tutory benefits. ‘t’hui. the Land Acjuisition Co llector has not considered the fact that the land situated in the Natio nal Capital Region Delhi. so the prices R. !flfl’fl”— ner ;. : ard. ci:Ii easil\’ available in the 4 territory of Viii. on Najaind; I Iighvvav lhnii am ’ pnvutc venclec. So the Union ot liita has acquired the land of the petitioners at a very :ne agre price lorcihlv, rh.!t the I .d. I and Acqu isition Cot iecwr has not co itsdered the
pocini;d value of tills land in future and the benefits arising out to the petitioners in future from this land and no compensation in this regard !‘avc 1 ’cen prnv;d:d in this av ard aid provisions of the amend ed Act .,ia.icr I .nd :\cqw sition arc not complied with in this acquisition. cLaid under cha llenge is illegal, null and void and not binding on the rights of the petitioners. The petitionurs are also res erving their r:Hz tc’ !!e reflre;e und er 1,and Acquisition Act, if pro per price by
i and. 20
that the land Acquisition Collector has not provided compensation ta :re !uR hncnd:m ;r their livebjioud on this
hich has been acquired by the rcspoaidents forcibly. I
I hat hesjde. the ;Nove iate( amounVdanages the petitioners are :ci:s i.e. oam a! !H ...tc of 30%, 12% additional amount from the date of notification U/s 4 to the date oF taking possession and interest 1l5f1 per annum thereof as
Ihat the petitioners have no specific knowledge of the essential coiUc:s otihte award and they ceerve their rht to amend the petition
hint the ¶::‘.
has been filed within limitation provided by law.
he :e: ired !ad I i d.
s::ua:ed ,.vi tH : the rever ue estate ut \‘ill.
Dstt. 3 intl to this id Authority .\rbitrator has gut
jurisdiction to decide this petition.
amount oi the aard of
acquired land ma’ kindly be re—adj udicated/enhanced according to ..
along” li oilier statutory hcnehi!s U/s 23 & 2S of
the ol’ land Acquisition Act and another new amended provision of
I .anci Aequisitiun Amendment the
year 2013 ted
passed b’ t Parliament of india in
hdercst under the $a? W0r3
petitioners is found entitled he also granted
other relief’ to
Jind.l5 /1 !/2013
Satish Kumar 2. Ribir
fek Ram 3. Saivawan s/u rck Ram
( )ni sb
Rum 5. Sw1deep sbc, Shriniwas
resident of Viii. I3aroli. fehsii & Dis tt.
VItR1FICAF1UN \ertied that the . t :r
t:,J correct to
Jitidi 5 /l i;2)i3
ol paras No. i to 24 ot the petitio n/rel’erenee
the best uf
kiio& iedtLe. heliel and information.
2 ? j ‘ ci; .411