Case Law Details
Rajinder Kumar Agarwal Vs Union of India And Ors. (Delhi High Court)
Facts- The present Review Petition has been filed by the respondent no. 9, Mr Raman Aggarwal, and Mr Pradeep Aggarwal, who claims themselves to be the legal heirs of Late Shri R.S. Chiranji Lal, seeking review and modification of the Order dated 21.01.2020 passed by this Court in the above writ petition.
By the Order dated 21.01.2020, this Court had directed the respondent no. 22 to notify the appointment of a new Arbitrator under Section 7(1)(b) of the Resettlement of Displaced Persons (Land Acquisition) Act, 1948 within a period of eight weeks of the date of the order, and for this purpose, expeditiously liaison with the Ministry of Law for seeking the nomination of the Arbitrator from them.
The petitioner had filed the above writ petition claiming that the respondent nos. 1 to 4 had failed to appoint an Arbitrator under the Resettlement of Displaced Persons Act to determine the amount of the compensation payable to the petitioner and the respondent nos. 5 to 21 under the said Act.
Conclusion- Section 24 or Section 105 of the LARR Act or the 2015 Order also does not create an alternate forum for the determination of the compensation under the Resettlement of Displaced Persons Act. Section 6 of the General Clauses Act, 1897, therefore, has to be given full effect to, and the proceedings pending before the Arbitrator under the Resettlement of Displaced Persons Act must be continued and brought to its logical conclusion by the Arbitrator alone. The Collector shall have no jurisdiction to determine the compensation payable for acquisitions made under the Resettlement of Displaced Persons Act.
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