1 week ago
Thane Court Upholds Land Acquisition for Freight Corridor
A railway freight project took part of a farmer’s land in Palghar.
The farmer was left with a small piece that he said could no longer be used properly.
He asked for that remaining piece to be acquired too and for compensation to be paid.
An arbitrator agreed in January 2022.
DFCCIL, the company building the freight corridor, challenged that decision in court.
DFCCIL argued that the arbitrator had gone beyond what the farmer requested.
The Thane Sessions Court disagreed and said the farmer had specifically asked for the remaining land to be acquired.
The court also said the land was unviable because it was divided and close to the railway boundary.
It therefore upheld the award and dismissed DFCCIL’s challenge.
The Thane Sessions Court dismissed DFCCIL’s challenge to an arbitral award concerning a farmer’s residual land.
The award directs acquisition of 0.0910 hectare in Saravali village, Palghar district, with compensation.
The arbitrator fixed compensation at Rs 39.63 lakh per hectare, plus statutory benefits and 100 per cent solatium.
The court found the residual land unviable because it was split into three portions and lay within 30 metres of the railway boundary.
The court said DFCCIL’s petition-number confusion did not undermine the farmer’s specific request for acquisition.
- Who
- Pradip Jawaharlal Karnavat, DFCCIL, the arbitrator, and the Thane Sessions Court.
- What
- The court upheld an arbitral award requiring acquisition and compensation for 0.0910 hectare of residual land.
- Where
- Saravali village, Dahanu taluka, Palghar district, Maharashtra, in connection with the Western Dedicated Freight Corridor.
- When
- The original acquisition award was passed in April 2018; the arbitral award was issued on January 7, 2022; the court order was reported on August 22, 2026.
- Why
- The residual land was found to be unviable after the original acquisition, while the court found no patent illegality in the arbitral award.
DFCCIL’s Position
Farmer and Court’s Position
Authority to acquire residual land
DFCCIL’s Position
DFCCIL argued that the arbitrator exceeded jurisdiction by directing acquisition of the residual land and that the farmer had not sought this relief.
Farmer and Court’s Position
The court found that Karnavat had specifically requested acquisition of the balance 0.0910 hectare in Petition No. 197/2019.
Usefulness of the remaining land
DFCCIL’s Position
DFCCIL challenged the award and alleged patent illegality, without accepting the arbitrator’s conclusion that acquisition was required.
Farmer and Court’s Position
Karnavat repeatedly sought surrender of the remaining land, and the court agreed it had become unviable after being divided into three portions and located within 30 metres of the railway boundary.
Compensation valuation
DFCCIL’s Position
DFCCIL sought to set aside the award, including the direction connected with compensation for the residual land.
Farmer and Court’s Position
The arbitrator adopted the competent authority’s rate of Rs 39.63 lakh per hectare; the court noted that Karnavat was not seeking an enhanced rate and had accepted that valuation.
Key facts
- Court
- Thane Sessions Court, presided over by District and Additional Sessions Judge P.V. Ghule
- Landowner
- Pradip Jawaharlal Karnavat
- Residual land
- 0.0910 hectare
- Compensation rate
- Rs 39.63 lakh per hectare
- Additional compensation
- Statutory benefits and 100 per cent solatium
- Project
- Western Dedicated Freight Corridor, planned from JNPT in Maharashtra to Dadri in Haryana
- Court finding
- The arbitral award was reasoned and contained no error or patent illegality warranting interference
Quotes
Thane Sessions Court
The court that heard DFCCIL’s challenge to the arbitral award.
“I find that Award of Ld. Arbitrator is reasoned, with application of mind and legal principles. There is no error or patent illegality for setting it aside.”
freepressjournal.in
“The Applicant has created confusion unnecessarily due to inserting by hand number of one petition on another.”
freepressjournal.in
Sources
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