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Ashok Kumar Chetwani Vs Union of India and Ors. — Land Acquisition | Rajasthan HC (2018)

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Rajasthan HC
2018
Ashok Kumar Chetwani Vs Union of India and Ors.Ashok Kumar Chetwani v. Union of India and Ors.

Disposed

Ashok Kumar Chetwani v. Union of India and Ors.

Rajasthan HC1 Aug 2018CW/1247/2018

Case brief

AI extract

What is this about?

Multiple writ petitions challenging the award of interest on delayed land acquisition compensation were disposed of. The bench held that petitioners possess a statutory remedy via arbitration under Section 3(G)(5) of the National Highways Act, 1956 and are relegated to approach the Arbitrator.

What did the court decide?

Writ petitions and stay applications dismissed; parties directed to approach Arbitrator under National Highways Act, 1956.

What the court decided

AI extract

Outcome

Writ petitions and stay applications dismissed; parties directed to approach Arbitrator under National Highways Act, 1956.

Issue for consideration

Whether petitioners claiming interest on delayed compensation for land acquisition have an alternative statutory remedy available.

Detailed headnote1 paragraphs

Petitioners aggrieved by delayed payment of compensation under the National Highways Act, 1956 are directed to avail of the statutory remedy of approaching the Arbitrator appointed under Section 3(G)(5) thereof. The scope of inquiry by the Arbitrator is arguably wider than the jurisdiction of this Court in writ proceedings. Writ petitions and stay applications were accordingly disposed of, directing the parties to initiate arbitration proceedings within twelve months.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

HIGH COURT OF JUDICATURE FOR RAJASTHAN

JODHPUR

S.B. Civil Writ No. 3237/2018

Pradeep Kumar Jain

----Petitioner

Versus

Union Of India And Ors

----Respondent

Connected With S.B. Civil Writ No. 3038/2018 Nenu Ram ----Petitioner Versus Union Of India And Ors. ----Respondent S.B. Civil Writ No. 14289/2017 Vasudev Kherajani

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 14287/2017 Kishan Chand Gangwani

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 14276/2017

Chandra Kumar ----Petitioner Versus Union Of India And Ors. ----Respondent S.B. Civil Writ No. 6280/2018 Marudhara Cargo ----Petitioner Versus

Union Of India And Ors.

----Respondent

(2 of 8)

S.B. Civil Writ No. 12708/2017

Mahendra Jain

----Petitioner

Versus

Union Of India And Ors.

----Respondent

Ranveer Singh

----Petitioner

Versus

Union Of India And Ors.

Abhishek Kankria

Versus

Union Of India And Ors.

----Respondent ----Petitioner ----Respondent

Kana Ram

----Petitioner

Versus S.B. Civil Writ No. 2174/2018

Union Of India And Ors.

----Respondent

Suryaveer Singh

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 970/2018

Paras Kawad And Ors.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 973/2018 Sunita Bhansali ----Petitioner Versus

Union Of India And Ors. ----Respondent

(3 of 8)

S.B. Civil Writ No. 5349/2018

Gopal Das Lohiya

----Petitioner

Versus

Union Of India And Ors.

----Respondent

Rajesh

----Petitioner

Versus

Union Of India And Ors.

Baby

----Respondent ----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 4897/2018

Ritika Tekwani And Anr.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 4906/2018

Manoj Tekwani

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 12763/2017

Pappu Ram

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 3238/2018

Sweta Jain

----Petitioner

Versus

Union Of India And Ors

----Respondent

(4 of 8)

S.B. Civil Writ No. 378/2018

Suman Kachhawaha

----Petitioner

Versus

Union Of India And Ors.

----Respondent

Suryaveer Singh

----Petitioner

Versus S.B. Civil Writ No. 4631/2018

Union Of India And Ors.

Rajni Kataria

----Respondent ----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 4633/2018

Sumermal Kataria And Anr.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 14179/2017

Babu Lal Sharma

----Petitioner

Versus S.B. Civil Writ No. 14178/2017

Union Of India And Ors.

----Respondent

Babu Lal Sharma

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 971/2018 Paras Kawad ----Petitioner Versus

Union Of India And Ors.

----Respondent

(5 of 8)

S.B. Civil Writ No. 974/2018

Gopal Das Lohiya

----Petitioner

Versus

Union Of India And Ors.

----Respondent

Murlidhar

----Petitioner

Versus

Union Of India And Ors.

----Respondent

Gautam

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 6401/2018

Sumermal Kataria And Anr.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 4905/2018

Prakash Aayani And Ors.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 5900/2018

Neelam Kumar Chhajer And Ors.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 1247/2018

Ashok Kumar Chetwani

----Petitioner

Versus

Union Of India And Ors.

----Respondent

(6 of 8)

S.B. Civil Writ No. 14301/2017

Sushila Kankria

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 2751/2018

Sumer Mal And Anr

----Petitioner

Versus

Union Of India And Ors.

S.B. Civil Writ No. 789/2018

Bhagwandas And Anr.

Versus

Union Of India And Ors.

----Respondent ----Petitioner ----Respondent

S.B. Civil Writ No. 788/2018 M/s. Balck Stone Rubber Indust. Pvt Ltd.

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 4632/2018

Anita Kataria

----Petitioner

Versus S.B. Civil Writ No. 7349/2018

Union Of India And Ors.

----Respondent

Naresh Vyas

----Petitioner

Versus

Union Of India And Ors.

----Respondent

S.B. Civil Writ No. 7355/2018 Shanti Devi Lohiya ----Petitioner Versus

Union Of India And Ors.

----Respondent

(7 of 8)

S.B. Civil Writ No. 10299/2018
Lakhpat Raj Kataria
----Petitioner
Versus
Union Of Inda
----Respondent
S.B. Civil Writ No. 10338/2018
Vikas Construction Company
----Petitioner
Versus
Union Of India
----Respondent
S.B. Civil Writ No. 10936/2018
Maina Devi
----Petitioner
Versus
Union Of India
----Respondent
For Petitioner(s) : Mr. Pradeep Swami.
For Respondent(s) : Mr. B.P. Bohra for UOI.
Mr. Mukesh Dave, Dy. G.C.

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

01/08/2018

Heard and perused the material available on record.

Issue notices to the respondents in fresh matters. Shri B.P. Bohra, Advocate and Shri Mukesh Dave, learned Dy. G.C. accepts notices.

Learned counsel for the parties are at an agreement with the proposition that the petitioners who claim a direction for award of

(8 of 8)

interest on the delayed payment of compensation in lieu of acquisition of their lands under the National Highways Act, 1956, do have available to them, statutory remedy of approaching the Arbitrator appointed under Section 3(G)(5) of the National Highway Act, 1956 for ventilating this grievance and that the scope of inquiry by the Arbitrator is wider.

In this view of the matter, the petitioners are relegated to approach the Arbitrator appointed under the said provision by filing appropriate applications which shall be considered objectively after providing opportunity of hearing to all concerned. The Arbitrator shall decide such applications strictly on merits and in accordance with the provisions of Arbitration and Conciliation Act, 1996 preferably within a period of twelve months from the date of submission thereof.

With the aforesaid observations and directions, these writ petitions are disposed of. Stay applications are also disposed of.

A copy of this order be placed in each file.

(SANDEEP MEHTA),J

Tikam/100 to 138, 18, 19, 46, 47 and S-145.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether petitioners claiming interest on delayed compensation for land acquisition have an alternative statutory remedy available.

Statutes considered

3 provisions across 2 enactments

AI extract

National Highways Act19563(G)(5)
Arbitration and Conciliation Act1996

Parties & counsel

AI extract

petitioner
Pradeep Kumar Jain
respondent
Union Of India

Coram

AI extract

Sandeep Mehta

Case details

As recorded by the court registry

Court: Rajasthan HC
Decided on: 1 Aug 2018 · August
Registered: 23 Jan 2018
Case no.: CW/1247/2018
CNR: RJHC010176572018
Topic: Land Acquisition
Bench: Pushpendra Singh Bhati
Disposal: DISPOSED OF

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Cite this judgement

Ashok Kumar Chetwani v. Union of India and Ors., CW/1247/2018 (RJ), decided on 1 August 2018.

The High Court of Rajasthan publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

National Highways Act1956 · 3(G)(5)
Arbitration and Conciliation Act1996

View all statutes

Bench / Coram

Sandeep Mehta

Parties & counsel