Ashok Kumar Garg vs Union Of India on 1 December, 2023
Supreme Court - Daily Orders
Ashok Kumar Garg vs Union Of India on 1 December, 2023
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.7905 OF 2023
(Arising out of SLP(C)No.25724 of 2023)
ASHOK KUMAR GARG
Versus
UNION OF INDIA & ORS.
O R D E R
1. Leave granted.
2. This appeal is directed against the judgment dated 06.09.2023,
passed by the High Court of Punjab and Haryana at Chandigarh,
dismissing the appellant’s Writ Petition in which multiple reliefs
including a challenge to the acquisition u
Highways Act, 1956 (for short, `the Act’), was made.
3. The appellant’s land comprising Khasra No.26/22 and Khasra
No.26/23/1, situated within the revenue estate of village Chhole,
abutting National Highway No.205K, Ludhiana-Rupnagar Section, is
also part of the land acquired by the National Highway Authority of
India (NHAI) vide Notification dated 25.11.20
Section 3A of the Act. It was followed by a Notification dated
15.04.2021, issued under Section 3D of the Act. It appears that the
Competent
Signature Not Verified
Authority, Land Acquisition (CALA)
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Ashok Kumar Garg vs Union Of India on 1 December, 2023
Digitally signed by
satish kumar yadav
Date: 2023.12.06
No.69/2021 on 27.09.2021 awarding a
16:30:41 IST
Reason:
Rs.16,67,32,479/- for the entire acquired land.
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did not accord approval to the said Award and the compensation
amount was substantially reduced to Rs.58,82,263/-. Resultantly,
the appellant who initially claimed to be entitled to
Rs.5,07,07,583/- would now get a reduced amount of Rs.10,62,667/-.
4. Much before the reduction of the compensation amount, the
appellant approached the High Court through a Writ Petition seeking
the following reliefs:
“(a) To release 100% compensation awarded by Competent
Authority for Land Acquisition-cum-DRO, Ludhiana vide
Award No. 69 dated 27.09.2021 immediately without any
delay or laches.
(b) To pay to the petitioner at least 18% interest on
the amount of compensation from the date of award to
the actual date of payment.
(c) To pass the supplementary award for land providing
the remaining part of compensation to be assessed
strictly in view of section 26 to 30 and First
Schedule of the Right to Fair Compensation and
Transparency in Land Acquisition Rehabilitation and
Resettlement Act, 2013 (for short 'the Act of 2013).”
5. It was during the pendency of these proceedings that the
NHAI vide communication dated 12.01.2023 (Annexure P-33) informed
the Competent Authority, Land Acquisition (CALA)-cum-District
Revenue Officer, Ludhiana its disagreement with the originally
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Ashok Kumar Garg vs Union Of India on 1 December, 2023
assessed compensation and eventually agreed to pay a compensation
of Rs.5,58,82,263/-. Meanwhile, the NHAI has approached the
Divisional Commissioner, Patiala Division-cum-Arbitrator under
Section 3G(5) of the Act as NHAI is not inclined to accept the
compensation amount as determined by the competent authority i.e.
CALA. Those proceedings are still pending before the Divisional
Commissioner.
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6. During the course of the hearing, it is stated by learned
Senior Counsel for the appellant, that the only relief, which the
appellant wants to press before us, is the non-deposit of the
compensation amount, as was assessed by the competent authority,
namely, CALA. He submits that the appellant is not seeking the
release of the amount of compensation but the NHAI is liable to
deposit such determined amount before the competent authority.
7. Having heard learned Senior Counsel for the appellant at
a considerable length and on carefully perusing the material placed
on record, it appears to us that the controversy will be set at
rest once the objections raised by the NHAI against the
determination of compensation by CALA, which are pending
consideration before the Arbitrator under Section 3G(5) of the Act,
are decided in accordance with law. The other recourse can be that
the appellant moves an application before the Arbitrator seeking a
direction for the deposit of the compensation amount subject to the
outcome of the pending proceedings.
8. We, therefore, deem it appropriate to dispose of the
instant appeal, at this stage, with liberty to the appellant to
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Ashok Kumar Garg vs Union Of India on 1 December, 2023
move an application before the Divisional Commissioner-cum-
Arbitrator for an appropriate relief, including for deposit of the
compensation amount before the competent authority and/or any other
forum. Let such an application be decided within two months from
the date of its filing. Alternatively, the Arbitrator will be
well-advised to dispose of the pending proceedings so that there
remains no uncertainty with regard to the amount of compensation to
which the appellant and/or the similarly placed land-owners are
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found entitled. Ordered accordingly.
9. At this stage, it is pointed out by learned Senior
Counsel for the appellant that no award has been passed with regard
to the structures existing on the acquired land. We do not want to
express any opinion on the merits of such a claim.
10. However, the appellant shall be at liberty to approach
the NHAI to make a reference to the prescribed authority for
passing a separate award for the structures etc. In case the NHAI
or the prescribed authority fails to take any action, such a claim
can be raised before the Arbitrator who shall determine the same in
accordance with law.
11. It is clarified that we have not expressed any opinion on
merits of the claim.
.........................J.
(SURYA KANT)
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Ashok Kumar Garg vs Union Of India on 1 December, 2023
..............…….........J.
(DIPANKAR DATTA)
NEW DELHI;
DECEMBER 01, 2023.
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ITEM NO.10 COURT NO.5 SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).25724/2023
(Arising out of impugned final judgment and order dated 06-09-2023
in CWP No.28804/2022 passed by the High Court of Punjab & Haryana
at Chandigarh)
ASHOK KUMAR GARG Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION)
Date : 01-12-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Rajive Bhalla, Sr. Adv.
Mr. Shubham Bhalla, AOR
Mr. Yajur Bhalla, Adv.
Ms. Gauri Bedi, Adv.
Ms. Anchita Nayyar, Adv.
Ms. Akansha Gulati, Adv.
Ms. Nitya Maheshwari, Adv.
Ms. Ragini Sharma, Adv.
Mr. Rohan Chanda, Adv.
Mr. Jaisurya Jain, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is disposed of in terms of the signed order.
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Ashok Kumar Garg vs Union Of India on 1 December, 2023
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)
(Signed order is placed on the file)
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