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
