Pending since 12 years | Gujarat HC to arbitrator: Complete proceedings over farmers’ compensation in 6 months

The farmers, whose lands were situated in Occhan and Telod villages at Amod taluka of  Bharuch district, were acquired for the project of “Special Railway Project Western Dedicated Freight Corridor”.

Order for compensation awards were passed in 2010 by the competent authority, but dissatisfied by the amount of compensation, the farmers had filed an application in 2010 for arbitration before the Arbitrator and Commissioner, Fisheries Department as appointed by the Central Government under the Railways Act, 1989.

With no decision on the applications even 12 years later from the date of filing of the applications, the farmers moved before the HC in March this year seeking its directions to the arbitrator.

Advocate Anand Yagnik, representing the farmers, submitted before the court that as per the Arbitration and Conciliation Act, 1996 which was amended in 2015 as well as in 2019, the Arbitrator is under the obligation to complete arbitration within a period of twelve months from the date of completion of pleadings.

The farmers’ case for early disposal of the arbitration proceedings was also supported by the Dedicated Freight Corridor Corporation of India Ltd (DFCC) and the Ministry of Railways of the Union Government, following which, Justice AS Supehia, passed an order directing the Arbitrator and Commissioner/Director, Fisheries Department to complete the proceedings within a period of six months and inform the petitioners about the same.