Sunday, October 29, 2023

Arbitration application

 

IN THE COURT OF HON’BLE DISTRICT JUDGE, FIROZABAD

Arbitration Case No.                      Of 2014

Bare Lal aged about 45 year s/o Sri Nirottam Singh r/o Village Prempur Repura, Tehasil and District Firozabad.    ……………………………….Applicant

V/S

1.     The Arbitrator/Commissioner Agra Division, Agra;

2.     Union of India, Railway Ministry, Government of India through Chief Secretary, New Delhi;

3.     Dedicated Freight Corridor Corporation of India Ltd., New Delhi through its Project Manager;

4.     The Competent Authority (Land Acquisition D. F. C. C. I. Limited), City Magistrate, Firozabad;

5.     The District Magistrate, Firozabad.

..……………………Opposite Parties

The Competent Authority has fixed the compensation of Rs. 292128.00 so the required Court Fee of Rs. 200.00 is paid.

Application Under Section 34 (2) of Arbitration and Conciliation Act, 1996 against the Arbitral Award dated 20.11.2013 passed in Arbitration Reference No. 15 of 2013 (Bare Lal V/s Dedicated Freight Corridor Corporation of India Ltd. and Others) disposing the arbitration reference of the applicant. Feeling aggrieved against the aforesaid arbitral award, the applicant prefers this application for setting aside the arbitral award Dated 20.11.2013.

Sir,

The Applicant begs to prefer this application on the following amongst various other grounds: -

BRIEF FACTS OF THE CASE

1.     That the Applicant is the CO-SANKRAMARHYA BHUMIDHAR of 1/9th share in the land of Khata No. 00216 (Fasli Year 1419-1424), Gata No. 437/2 area 2.6270 hectare and Gata No. 434 area 1.3170 hectare situated at Mauja Prempur Repura, Tehasil and District Firozabad. In the land of Gata No. 437/2 three tree of neem and one tree of babool and in the land of Gata No. 434 twelve tree of babool, five tree of neem and one tree of siras are standing. The name of the Applicant is recorded in the revenue records.

2.     That the Central Government declared its intention by issuing a notification under section 20 A (1) of the Railways Act, 1989 in the official Gazette for the requirement of land for execution of a special railway project. This notification was the culmination of the satisfaction of the Central Government to the effect that certain land intended to be acquired for the purpose of laying another railway line.

3.     That thereafter the Central Government issued a declaration which was published on 27.11.2010 and 13.03.2011 in the local newspapers ‘Amar Ujala’ and ‘Dainik Jagaran’ for the acquirement of 0.3560 hectare area from the land of Gata No. 437/2 (Total area 2.6270 hectare) and 0.3120 hectare area from the land of Gata No. 434 (Total area 1.3170 hectare) for the construction of new railway line. In this publication the published area from the Gata No. 437/2 was shown 0.3560 hectare and acquired area was shown 0. 3560 hectare and from the Gata No. 434 the published area was shown 0.3120 hectare and acquired area was shown 0. 3120 hectare.

4.     That as such the applicant is the SANKRAMARHYA BHUMIDHAR of 1/9th share so the acquired area of the applicant by the opposite parties is 0.0395 hectare land from the Khasra No. 437/2 and 0.0347 hectare land from the Khasra No. 434.

5.     That by circulating the above said notification, the objections were invited from the effected persons consequently the applicant and other inhabitants of affected area filed their objection before the Opposite Party No. 4, the Competent Authority (Land Acquisition Dedicated Freight Corridor Corporation of India Ltd.), City Magistrate, Firozabad raising the following points: -

A.    The inhabitants of area are earning their income from the lands if their lands be acquired by authority, they should suffer the problem of unemployment;

B.     At least one member of the affected family shall be given a service in the railway department; and

C.     The inhabitants of area shall suffer an irreparable loss so they should be compensating with high award.    

6.     That in furtherance of process of acquirement of land the Competent Authority (Land Acquisition D. F. C. C. I. Limited), City Magistrate, Firozabad sent notice to the applicant for the submission of required documents to get the award and in pursuance of notice; the applicant submitted the required documents with the Competent Authority.

7.     That the authorities, the opposite party no. 2, 3, 4 and 5 determined the amount of compensation @ Rs. 710.00 for the land of Khasara No. 437/2 and @ Rs. 444.33 for the land of Khasara No. 434 per square meter. The authorities determined the amount of compensation Rs. 2,92,128.00 (Rs. 2,92,093.57 for land + Rs. 34.60 for trees) for the share of applicant in the land of Khasara No. 437/2 and Rs. 2,66,832.00 (Rs. 1,54,128.00 for land + Rs. 92,476 as Solace @ 60% + Rs. 227.44 for trees + Rs. 20,000.00 as the amount of ex gratia) for the share of applicant in the land of Khasara No. 434. This amount was meager and scant according to the norms and rules framed by the Government for making award to the aggrieved persons despite higher rate of value of land and goodwill in the locality.

8.     That the order for determination of the amount was allegedly made by the Competent Authority but no notice to the applicant for making of the award was given. The applicant was never afforded the opportunity of being heard at the time of fixation of market price.

9.     That the amount determined by the competent authority in its award was not acceptable to the applicant but he received the amount of award under protest and filed Arbitration Reference / Objection No. 15 of 2013 Bare Lal V/s Railway Pariyojana Eastern Dedicated Freight Corridor Corporation of India Ltd. before the arbitrator. The Learned Arbitrator vide its arbitral award dated 20.11.2013 dismissed the said reference in arbitrary manner overlooking the substantive law and public policy.

10.                        That the land in question was labeled land at all the relevant times and suitable for residential and commercial purposes much before the time of first notification under section 20 A (1) of the Railway Act i. e., on 27.11.2010. The market value was determined by the Competent Authority (Land Acquisition D. F. C. C. I. Limited), City Magistrate, Firozabad much low than the actual market value of the land prevailing at the time of the first notification.

11.                        That the land in question was most valuable land at the time of the first notification under section 20 A (1) of the Railway Act, 1989. The land is also having all the amenities of the modern life as Electricity, water, school, bank, transport, petrol pump, etc. and the land is situated at the main road from where every possible approach can be made.

12.                        That the Competent Authority (Land Acquisition D. F. C. C. I. Limited), City Magistrate, Firozabad has illegally and erroneously determined the market value of land in question under section 20 (F) of the Railway Act, 1989. The amount of compensation award is too much meager, less and inadequate. The Competent Authority determined the market value of the property in the most discriminatory and arbitrarily manner because circle rate fixed by the Government to take the Stamp fees for this area is Rs. 3200.00 per square meter and sale deed are also available for the amount of more than 10,000.00 per square meter. But the Competent Authority has taken different criteria to determine the market value of the said land that shows clear discrimination and arbitrariness. The Competent Authority ought to has determined its market value not less than Rs. 10,000.00 per square meter.

13.                        That the provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F.26011/4/2007-LRD, dated 31 October, 2007, shall apply in respect of acquisition of land by the Central Government in the matter of applicant.

14.                        That the applicant is legally entitled to get Rs. 66,05,600.00 (Rs. 41,08,500.00 for land + Rs. 24,65,100.00 as Solace @ 60% + Rs. 2000.00 for trees + Rs. 30,000.00 as the amount of ex gratia) for the share of applicant in the land of Khasara No. 437/2 and Rs. 55,74,920.00 (Rs. 34,68,700.00 for land + Rs. 20,81,220.00 as Solace @ 60% + Rs. 5000.00 for trees + Rs. 20,000.00 as the amount of ex gratia) for the share of applicant in the land of Khasara No. 434.

15.                        That the said award awarded by the arbitrator is against the public policy, natural justice and law and is liable to be set aside on the following amongst various other grounds:

GROUNDS

16.                        That the Arbitral Award of the Learned Arbitrator/Commissioner Agra Division, Agra is against weight of evidence and is bad in law.

17.                        That the Learned Arbitrator/Commissioner Agra Division, Agra has failed to appreciate the facts of case and came to a contrary conclusion on unfounded allegations.

18.                        That the Learned Arbitrator/Commissioner Agra Division, Agra has failed to appreciate the provisions of the National Rehabilitation and Resettlement Policy, 2007 for project affected families, notified by the Government of India in the Ministry of Rural Development vide number F.26011/4/2007-LRD, dated the 31st October, 2007, which shall apply in respect of acquisition of land by the Central Government in the matter of applicant as provided u/s 20-O of Railways Act, 1989.

19.                        That the appointment of arbitrator is made by the Central Government under section 20 (F) of the Railway Act, 1989 that is violation of Sections 7, 10 and 11 of the Arbitration and Conciliation Act, 1996.

20.                        That the Executive Officer is appointed as arbitrator rather than a Judicial Officer that is against the natural justice and as a result the Learned Arbitrator/Commissioner Agra Division, Agra acted in a dictator manner and has over looked the provisions of Act and principles of justice.

21.                         That the acquisition of the land is made under the Railway Act, 1989 and in this Act it is specifically provided under section 20 (N) that the provisions of Land Acquisition Act are not applicable but in the arbitral award for computing the market value of the property has been computed on the notification issued under the land Acquisition Act. Thus the computation of market price of the property is violation of Substantive law and procedure.

22.                        That the joint measurement of property is not made in presence of the applicant. The alleged joint measurement report is not served on this applicant for calling objections to it. For seeing such illegal one sided measurement the acquiring authority has fixed the award illegally without giving opportunity to file such objections.

23.                        That the valid objections regarding valuation methods adopted in the preliminary stage itself is ignored and the valuation is not made properly without observing ground reality and the loss incurred by the applicants in the award passed by the acquisition authority. Section 20-G of the Railways Act makes the provision of criterion for determination of market value of land as specified in the Indian Stamp Act, 1899 for the registration of sale deeds in the area where the land is situated but the acquisition authority did not consider the valuation list issued by Collector, Firozabad.

24.                        That the initial valuation made by acquiring body is drastically reduced to meager amount despite higher rate of value of land and goodwill in the locality. The suggested aspects in the objection are overlooked due to political pressures in the case. The applicant vehemently protest the rate of compensation adopted and calculated without appreciating the objection.

25.                        That the objections regarding valuation proposed at initial stages were promised to be taken into account during award enquiry and such aspects were ignored during award enquiry. The objections raised during award enquiry is overlooked and has not taken into account despite the documents are available with acquiring local authority.

26.                        That the value adopted is highly arbitrary and not with ground reality. The land rates have jumped 6 to 10 times from 2012 due to demand in real estate investments. The Railway station and Fatehabad bus stand is nearby, the vegetable market is nearby, the Government Hospital is nearby, the area is fully developed and no need of further development. The good will established by the applicant is of period of approximate 20 year, under all such circumstances and our valid objections the ground reality is being ignored to fix land value.

27.                        The authorities are speaking of rehabilitation of effected persons, when there is plan for rehabilitation of persons why such rehabilitation package is not there for us, such things shows ill will of authorities for questioning their illegal efforts in civil courts.

28.                        That the learned Arbitrator has overlooked the material facts and provisions of law and thus has reached a contrary view.

29.                        That the learned Arbitrator has failed to appreciate the evidence on record filed by the applicant and thus reached a contrary view.

30.                        That the learned Arbitrator has failed to appreciate the fact that the applicant is entitled to receive the solace @ 60% of the market value of the land.

31.                        That the learned Arbitrator has failed to appreciate the fact that the applicant is entitled to receive additional amount @ 12% of the market value in terms of Railways Act.

32.                        That the Arbitral Award of the learned Arbitrator is otherwise bad in law and deserves to be set aside and the arbitral reference be allowed in totality.

33.                        That the learned Arbitrator has failed to appreciate the fact that the amount determined for award is very low and should not be less than Rs. 10,000.00 per square meter.

PRAYER

It is, therefore, prayed that the Application may be allowed with cost and the Arbitral Award dated 20.11.2013 passed in Arbitration Reference No. 15 of 2013 (Bare Lal V/s Dedicated Freight Corridor Corporation of India Ltd. and Others) be set aside and the arbitral reference be allowed with cost.

Dated:                                                                                   APPLICANT

VERIFICATION: - Verified that the content of paragraph No. 01 to 33 of this arbitration application is base on the personal knowledge and on the legal advice given to me and I believe to this advice to be true and correct.

            Verified on this       day of            January, 2014 at District & Sessions Court Compound, Firozabad.                                                            

THROUGH

  

         ADVOCATE

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