Thane Court Rejects DFCCIL Plea, Upholds Land Acquisition

The Thane Sessions Court has rejected a plea filed by the Dedicated Freight Corridor Corporation of India Ltd (DFCCIL) challenging an arbitral award that directed the acquisition of a Palghar-based farmer's residual land for the Western Dedicated Freight Corridor project.

The court, presided over by District and Additional Sessions Judge P.V. Ghule, dismissed the DFCCIL's application under Section 34 of the Arbitration and Conciliation Act, 1996, citing no error or patent illegality in the arbitral award.

The dispute pertains to land belonging to Pradip Jawaharlal Karnavat at Saravali village in Dahanu taluka, Palghar district, which was acquired for the Western Dedicated Freight Corridor. The competent authority had passed the original acquisition award in April 2018.

Karnavat subsequently approached the arbitrator through two petitions, seeking enhancement of compensation and acquisition of the residual portion of his land along with compensation. On January 7, 2022, the arbitrator directed the acquisition of 0.0910 hectare of residual land and ordered compensation at a base rate of Rs 39.63 lakh per hectare, along with other statutory benefits and 100 per cent solatium.

DFCCIL challenged the award before the Thane court, claiming that the arbitrator had exceeded his jurisdiction by directing acquisition of the residual land. However, the court found that DFCCIL had relied on incorrect petition numbers, creating unnecessary confusion.

After examining the record and proceedings, the court noted that the arbitrator's award was reasoned and applied legal principles. The court held that the arbitrator had referred to the orders passed by the Supreme Court in the case of Digamber & Ors. V/s State of Maharashtra & Ors. in SC Civil Appeal No. 5346 of 2013, which stated that the Land Acquisition Collector must consider factors such as geographical situation, existing use, and market value of other land in the same locality when fixing the market value of acquired land.

The Thane Sessions Court's decision is a relief to the Palghar-based farmer, who will now receive compensation for his residual land. The Western Dedicated Freight Corridor project, which spans 1,483 km from JNPT in Maharashtra to Dadri in Haryana, is being constructed by DFCCIL.

The court's ruling upholds the arbitrator's findings and directs DFCCIL to acquire the residual land and pay compensation to the farmer. This decision is significant, as it sets a precedent for similar land acquisition cases in the future.

In conclusion, the Thane Sessions Court's decision is a victory for the farmer, who will now receive fair compensation for his land. The ruling also highlights the importance of following legal principles and procedures in land acquisition cases, ensuring that the rights of landowners are protected.