Regarding arbitaration by the collector
gopal
(Querist) 06 June 2017
This query is : Resolved
Respected Experts,
Long after i am posting my query here.
I have posted so many querys here and i have received valuable information from you. once again i am going to thank you all for that.
Respected sirs,
My and my near by agriculture lands was acquired by the NHAI for NH-205. The LAO calculated compensation Rs 22/per SQ feet. Unsatisfied Agricultural land owners filed a petition to the Arbitrator/ the District Collector for enhancement of compensation.
During the enquiry the Arbitrator/ District Collector asked to submit a document, previously any land owner got the higher compensation.
So I submitted a previous Arbitrator order awarding Rs 500/ per SQ ft for commercial land and 2/3 of the Agricultural Land (ie 2/3 of 500 is Rs 333 / per SQ ft). RS 167 (33.3%)is reduced for developmental charges from the original Value Rs 500/per SQ ft and Rs 333/per SQ ft for agricultural land.
The present Arbitrator send an order based on the previous Arbitrator order, but the calculation mistake happend in the Order.
Already the previous Arbitrator reduced 33.3% for developmental charges from the original amount Rs 500/per SQ ft and award Rs 333/per Sq ft.
the present Arbitrator must award Rs 333/Sq ft as like the previous Arbitrator, we are also eligible for the award
but in the recent order the present arbitrator again reduced 33.3% from the Rs 333/ per Sq ft and award Rs 222/per Sq ft.
Instead of reducing 33.3% from Rs 500/per Sq ft, the arbitrator reduced 33.3 from Rs 333 which is two times of reducing development charges.
Now I and land owners filed a revision petition to the Arbitrator/The District Collector to correct the numerical error and modify the Award Order.
Now I submit My querys before you the following
1) Whether the Arbitrator/the District Collector have inherent powers to modify their own order?
2) if they have inherent powers to modify their own order, under which act and which Sec?, they can modify the order.
3) is there any Supreme Court or High Court ruling in this regard ?, if so kindly provide the ruling
Respected Experts kindly provide the information above which helps so many agriculturists to get enhanced compensation with your information and thank full to you all.
Thanks and Regards
a.k.nandagopal
P. Venu
(Expert) 07 June 2017
It is inherent that a clerical error could always be rectified.
Rajendra K Goyal
(Expert) 07 June 2017
Full case file and orders of arbitrator need to be referred, discuss with your lawyer.