ada usa waeTaet oitecr (ase Geet sit Wet Fares, ART TAT) ‘ National Highways Authority of India = E wan Rt (Ministry of Road Transport and Highways, Government of India) 5 eG 6, Aaec-10, ETH, a ed -110.075.© 6-5 & 6, Sector-10, Dwarka, New Debi-110075, ECN/Phone : 91-11-25074100 / 25074200 NHAI/Policy Guidelines/ Land Acquisition/ 2024 Policy Circular No.7.1.80/ 2024 dated 25" April, 2024 {Decision taken on E-Office File No. NHAI/11013/AdvocateModute (Comp. No. 224982)} Sub: Standard Operating Procedure (SOP) for Handling and monitoring of Land Acquisition Arbitration & Court Cases- Reg. Ref.: (i) Circular No. 18.24 dated 21.08.2017. (ii) Circular No. NHAI/13/LA/Policy/2006 dated 06.09.2010. NHAI is facing huge quantum of litigations in Land Acquisition. In order to make efficient handling & monitoring of these cases various modules are developed on the Datalake portal (SOP enclosed). The modules includes following features: A. Land Arbitration - Empanelment of Advocates/Firms at RO level: Initially, ROs have to empanel Advocates (Individual or Firm) for which relevant KYC information has to filled at ROs level like, PAN/TAN No., Advocate/Firm name, Enrolment No., etc. B. Land Arbitration - Court Case Details: Case Allocation by PIU & Approval of Advocate at RO level. PIUs have to select Project Details, UPC Code, Bhoomirashi ID, etc. PIU may also bunch & club the cases, submit preference of three advocates/Firms to RO for the allotment & approval of Advocate/Firm. €. Updation of Hearing Status by Advocates/Firms: Advocates/Firms have to fill basic details of the case, such as type of issue, date of notice, master case number (in the case of a bunch case), and other relevant details. Advocate can also update hearing status of the case by entering brief of the hearing. D. Submission & approval of Advocates’ / Firms’ invoices: Advocates/Firms can raise bills for payment against their services in the matter by submitting their invoice through the portal and PIU may clear the invoices through the portal itself. E. Generation of different case reports by PIUs/ROs/HO for monitoring purposes. F. Repository of orders passed by the Hon'ble Courts for referencing purposes. 2. A detailed SOP of the LA Arbitration & Court cases module is enclosed. The Module will be live w.e.f. 26.04.2024 (04:00 PM) onwards. All functions/ activities listed above and other relevant activities are to be henceforth processed on this portal only. 3. __ Ibis further requested that any difficulties faced at the user end or for any deficiency noticed in the SOP or suggestions may be brought to the notice af LA Division (Email id: sankalpagrawal@nhai.org, Rajdeep@amnex.com & PMShelpdesk@nhai.org). It may be noted that all payments to Advocates/Firms after 31.05.2024 are to be processed through this portal only. Contd...2/-4, __ Itmay also be noted that processing of LA Arbitration/ Court cases on the portal shalt be mandatory and other modes of processing these cases are to be discontinued w.e.f. 01.05.2024. 5. This issues with the approval of Competent Authority. Encl.: As stated above ston) 24 (CS. Sanjay Kumar Patel) General Manager (Coord.) To: All Officers of NHAI HQ/ ROs/ PIUs/ CMUs/ Site Offices Copy to: 1. Hindi Division for translation in Hindi. 2. Library for hosting the circular on library site. 3. Web Admin for circulation.STANDARD OPERATING PROCEDURE FOR LAND ARBITRATION & COURT CASES DEC ee anesStandard Operating Procedure for “Land Arbitration & Court Cases” Table of Content ‘A. Empaneiment of Advocates/Firms by RO ... B. Cose Allocation by PIU & Approval of Advocates/Fiems by RO. CAdvocates/Firm Login ~. " 24 D) Senior Advocates Payment by PIU i .AL 43 E) Reports for Respective Division PIU, RO, GM. 21 PageA. Empanelment of Advocates/Firms by RO Step — lavigate to Land Arbitration ~ Empanelment of Advocate in the search menu, Then screen given below will appear in the RO login in which RO can empanel the Advocate by clicking on the “New” button as highlighted in the screenshot below, mae Oo en mime tee | Tt [rp] ct a wu)" Hime | | a aw | St] Seen] Step ~ 2: After clicking on the “New Button” tab, form es shown below will be appear for the empanelment purpose in which RO have to fill the details of the Advocate by selecting individual or Firm name, By submitting this form respective advocate/firm will get their user's name & password to log in Datalake portal 3|PageStep 3.1 : By selecting “Individual” in Empanelment Type, RO can empanel individual Advocate. The form given below will be appear in the RO log in, Field Propertios = Bnpanelment type Drop Bown tas (Selec ort aia + Advecate Permanent Number 10 Apranumene Cherater Gn {+ Bar Conn arsimere Number ~ Tes (Mux25 Charector) + Work Experiene(Arocate/Cimpny, Flom associate) - Numer © AdvecateCompany/Pim & Aes ent Date for NWA ~ Date (DDB 2 Adeate,Compsny. Bim & Associate Emanelment Order with Renae .P1Ufenty (ax 50MB) + Aleecote;Company/Fire &Aisoioe xpiry Date for NAL ~ eto [DD-MM-YPYY) + dvacate/Company, Firm & Associate De- Emgunclnert Order .PUfonly (Max 50 ME) ote— {Fields ate reds mandatory ‘Fields are Black s optional 4[Page‘Step ~3.2: By selecting “Firm” in Empanel Type, RO can empanel Law Firms. The form given below will be eppear in the RO log in. Field Properties, penelment Type Drop Down List (Selectoniy Indvidul/Firm) (Metts ace re s mandatory S|PageStep —4: The field “Advocate de-empanelment” as highlighted in the below screenshot is optional to fill. During the time of empanelment of an Advocete/Firm, details of their de empanelment date/order is available then this field is required to be filled by RO. Step-5.1: After the empanelment of Advocates/Firm by the RO, following grid will appear as shown in the screenshot below. After clicking “Action” button tab two drop down namely (i] De Empanel Advocate (ii) uPIUate Basic Details will shown. eeeStep5.2: RO can de empanelment any Advocate/Fitm by clicking on De-empanelment Advocates button by submitting details as highlighted in the section given in the screen below. Step-5.3: RO can clicking on “UPIUate Advocate Details” button uPlUate empanelment details of any Advocate/Firm by submitting information as highlighted in the section given in the screen below. RO can also extend the empanelment tenure of Advocate/Firm by uPIUating relevant fields 7[Page‘Step-6: RO can Re-Empanel any Advocate/Firm which was previously De empanel by clicking “Action” button and selecting Re Empanel Advocate droPiUown as highlighted in the below screen, Step-7: By clicking on the “View” button, details of all the Empaneled & De-empaneled Advocates/Fiems wil appear after selecting “Advocate Activity Log” drop down. edB. Case Allocation by PIU & Approval of Advocates/Firms by RO 1. Case Allocation by PIU Step-1: Navigate to Land Arbitration - ‘Land Arbitration —Court Case Details’ in the search menu. Step-2: After searching “Land Arbitration ~ Court Case Details” following grid will appear as given below screen. In the grid, “Current Cases tab” shows details of all pending cases and in “All Cases tab”, details of pending as well as disposed of cases appear. Further. by clicking on the “New Allotment of Cases” button, PIU can enter details of new case, 10 [Page‘Step-3.1: after clicking on the "New Allotment of Cases” button, PIU have to enter basic details of new case as shown in the screen below. In case of bunch cases, PIU can also club these cases by clicking on “Add button” and. fill he required fields. Field Propert Phoomioshi id Text itt Court T)pe- Drop Bown ii (Setectany ne Court) 3D Netfation No ~ Tet Fed 3D Netfeation Bate-( DD-ME-TYYY Upload 20 Notification - PROF ens (Mae © Upload 36 Non State, Détrice Sub B Corresponding Drep Down List} ate Humber Text Fe Survey No o~ Text (Impl then 3 -( DDMM-AYY) Date of Watce— (DD-MM-YYYY) Nosie Docomont--P1UF only (Mas 59 mb) Whether projt Hanpered - Crap Dun bat (Yes/No) + Wneaner Rua Note— 4 PIU can club bunch cases atany time during pendency of cases by did on “Add button” 4H "Date of case fling’ ‘date of notte: and ‘petition copy’ are optional in arbitration court, where only the date of case fling is mandatory in tie other three cour: types. # ole case togele button ~ by default tof, fits on the All 30 & 3G information become optional # Fields are red is mandatory 4 Fields are black isoptional [Page‘Step-3.2: After entering the details given in Step - 3.1, PIU can select three Advocates/Firms based on their performance and preference. Step-3.3: Where Senior Advocate is engagedin the case, PIU can enter details of Senior Advocate by “Tick” on the check box. PIU can fil the details of Senior Advocate by selecting the name from the lst appear. Incase, the name of Senior Advocate is not shown in the list, then PIU can enter this detail by clicking the “Add” button,Step-3.4: After click on “Add” button below page will open in which PIU can select individual drop down and fill the required information, ‘poi Sener Soca toca Dtals Step-3.5: After submitting the basic details as given in Step-3.2, PIU can upload the Senior Advocate engagement order. In case, where Additional Senior Advocate has been engaged same procedure as given in Step-3.3 to 2.4 shall be followed. 1B] PageStep-3.6: After fill the relevant details as given in above steps, PIU can by clicking on “Submit for Approval” button forward the case for approval of engagement of Advocate/Firm by RO. ‘Step-4: After fill “Submit for Approval” following screen is appear and Pending from RO status will show in Approved Advocate field 1a|PageUL, Approval of Advocates/Firms by Rt Step-1: Navigate to Land Arbitration - ‘Land Arbitration ~ Court Case Details’ in the search menu. The below mentioned grid will appear in which case entered by PIU will show. RO can engage Advocate/Firm for particular case as submitted by PIU, by the “Approve Advocate” drop down. 1g “Aetion” button and selecting Stoy After clicking “Approve Advocate” drop down, entire case details along with three Advocates/Firms submitted by PIU will appear. Now, RO can approve by selecting “Advocate/Firm” from “Advocate Selection” drop down,Step-1:- PIU may submit request for change of Advocate/Firm from the pending case by clicking “Action” button ‘and selecting “Update Advocate/Cases” drop down as shown in the below screen. selecting three Advocates/Firms for further approval from RO with reasons and supporting documents by selecting Yes’ in the radio button. After this RO can approve engagement of Advocate/Firm from the preference submitted by PIU by following procedure given at (Point il) Approval of Advocates/Firms by RO. Aiter, approval of Advocate/Firm by RO, entire case details will transferred from previous Advocate to newly engaged Advocate/FirmNote - By clicking on the “View” button, “Advocate Activity Log” & “submission” button will appear. (i) By clicking “Advecate Activity Log” button below image will appear which shows present details of Advocates/Firms. [PageBy clicking “Submission” button below image will appear which shows present details of pending cases. (ii) Incase, Advocate/Firm raises 2 compliance issue with respect to allotted case, it will displayed on ‘the “compliance” button to the PIU as highlighted in screen below. When PIU click the “Compliance” button, cases which requires Compliance will appear. If the PIU wants to reply ‘tothe compliance, they can do so by clicking “Action” button and selecting “Update Compliance”. Field Properties + Repl of Com 18|Pageliv) Incase, Advacate/Firm while disposed of the case, “tick” the “reportable orders” checkbox. PIU can also mark it as reportable if they believe the order should be included in the NHAI library of LA Cases by clicking “Action” button. 19|Page(v) Ifitis necessary to withdraw any case, the PIU can do so from the All Cases tab within the Action tab for the respective case. They can withdraw a single case or a group of cases by uploading the supporting documents, end proceed with the withdrawal process. 2lPage© Linking Legacy data of Current Case & Disposed Cases Offers 2 detailed history of individual case proceeding, including linkages to subsequent cases in lower courts. Suppose a case is present in High Court, it maybe it passes through District court and Arbitration court. This option of linking case also incorporated here, Step-1:- The “Entry of Disposed Cases” button is used to enter disposed cases for linking with existing cases, following step 2 of the Case Allocation by PIU section. Step-2.1: - PIU can select a reference case (which is pending/complete) from that field, and the details up to the Khasra No are auto-filled. After completing the remaining fields, PIU can submit the form. id Properties + Case maber- Test Uplod Notice Doan fan! mae 50 mb ant / Respond Drop Down Lis Select Select ny ne Ap ant / Respondent | Drop Down with mali selection and thers fe Text) + Tetsu 4 Principal AuthorieeNams Text + Fury Name tat }- Tex + Par Lawyer Name | RUAL)- Text + ary Lawyer Email d(NHAN Ter @ ard Do¢()) + Party Lewver Mobile Murmber(MHAD ~ 10 Digit ny + Faryiiome(Oppenent) Test + Par Lawyer Mame Oppement}~ Text ‘ary Lawyer tat i (Opponent) - Text @ ond Det (}) ary Lawyer Nobile Nember (Opponent) -10 iyitOnly ian Cory 3 Cety (Opponent) PIF 8 max 5 mb cl ad 1} & mex $0 mboriv inl Coure Order” FI mex 50 mb only [NHAl (Won /bost)- Drop Down List (Select Won or ast) Tota Advocote Fess(NA) Decimal 21[Page‘© Tot senior AdvocaueFees~ Decimal + Total Senior Advocate Fees Additional Decimal + Whether Free is ompored - Brop aven List Yes/Wo} Step-3:- Aiter submitting the details via PIU, the case details will appear in the ‘All Cases’ tab. Upon clicking the ‘action’ tad, two dropdowns will open, namely "Link With Cases! and ‘Case Withdrawal,’ applicable only for ke With Cases" button Pending cases. Following this, PIU will click on the si ni tia coo bases 22|Page‘Step-4:- after ‘Link With Cases’ button on the Action tab and then on the "Link with Cases" button, which will display the linking cese option in a pop-up. PIU tick on the check box then link the case in the following manner. Similarly, PIU can link multiple court cases of a single plot reference in the same way. Note ~ After linking with multiple courts, when expand the section by clicking on expand tab all the linkage cases shown in grid with Accordion. e.g; This is represented as a ( 262/14 | AC->DC->HC->SC) indicating that the case has progressed & complete through various courts, being chellenged in lower courts (AC - Arbitration Court, DC- District Court, HC - High Court) and is currently completed in the Supreme Court (SC), .2 if there are any older cases that were completed and oniy kept in the Datalake for record-keeping Purposes, click on the ‘Entry of Dispose of button and select 'NA’ in the Reference Case field. Then, fill out the entire form and submit which mentioned in (Linking Legacy data of Current Case & Disposed Cases ~ Step 2.1) 23 PageC. Advocates /Firm Login - earing Status: step: Empanelled Advocates/firms can log im upon Oatalake Portal by clicking this URL: hetos://datalakeg.nhai.gov.in/, After this below screen will pear in which Advocates/Firms can select the role “Advocate” from different drop downs. Then, by entering their user id & password and captcha they can log i (userid & password were sent to then upon empaneiment by RO). Step-2: After, log in Advocate/tirm will see all cases allotted to them. Upon clicking on the “Action” tab and selecting the “Submit case details” from the drop down, following basic detells of the cases have to be filled, such as the type of issue, date of notice, master case number (in the case of a bunch case), and other relevant details, allat once. Field Properties bunch of Cases) id Petition Cy 0 ime (rnment) Ene ext (Dot) wer Name (Orpranent) Mabe Masaor~ 10 Digit Oks ‘Inia oly sles thetype af sue (Mandatory All elds nialy nor mandatory but before disposed offall elds shouldbe mandatory 2alPag‘Step-3: While filling the case details, Advocates/Firms can also fill the detaik of past hearings as highlighted in below image by “tick” in the “Select past date”, however, it can only be used while submitting first-time details of cases. |Page‘Step-4: The details of cases submitted by Advocates/Firms can also be updated by clicking ‘Action’ button and selecting "ease details update” option. Note: All fields of case details are not mandatory, but before disposing of the case, all fields shall have to be filled, Step-S: Advocates/Firms can also update the date of next hearing by clicking ‘Action’ button and selecting “Update Next Hearing Date” and then 2 pop up will open where Advocates/Firms can select the Next Hearing, 26 [PageStep-6: Advocates/Firms can also Re-schedule hearing date of the case by clicking ‘Action’ button and selecting. “Re-schedule Hearing Date”. Step-7: In the same ‘Action’ tab, Advocates/Firms can also fill the hearing information by selecting ‘Update Hearing Status’ drop down. Field Prog Hearn Status Dinp Down Uist (Select any ate) o femarts «Tex Document (MHAI) —PIUFS maz 59 mb 27|Pa= Decuenent Opponent) - PIF maz 59 mb {Feld are reds mandtory ‘Feld are Black optional Step-8: In case, Court has fixed any timelines for compliance, Advocates/Firms can also raise compliance issue by selection of check bax as highlighted in below screen on ‘Update Hearing Status’ page. 2B[ PaceStep-9: When the Advocates/Firms wants to complete the case, they should select ‘Dispose of drop down in “Hearing status” button and fillin the details as given in below screen. Advocates/Firms can also “tick” the check boxf they considered the order of the Court as reportable. [Pageivocates/ AL Advi ns Raising Bills 105 [Firms level Step-4: Navigate “Land Arbitration Advocate Payment” module on the search menu. Step-2: Advocates/Firm can view all the hearings of cases of which they have updated the hearing status and can raise requests for payment for any of them by clicking “Action” button ane selecting “Raise Payment” option. Step-3: After clicking ‘Raise Payment’ option following page as given in below screen will open. Advocates/Firms have to fil details as shown in the below screen, Field Properties + Selecthmot Hearing ~ Multiple osring Slocton (hee) 30[ PaceFatse Payment by Adrocate oo [ere ‘Step-4: Advocates/Firms can raise request for payment of multiple hearings at once alter entering the information given in below screen and clicking on the “submit” button. © 4 0% dhhtenteteremehentntaren wee 9 ae: Stop-5: After this, Advocates/| 5 cen fill the invoices detaits/remarks/attach relevant documents as shown in the below screen. Here, for submission of payment requests Advocates/Firms requires Digital (osc). nature Certificate 31|Page‘Step-6: After submission of the invoice, Case Status of Invoice of particular case will show as “Invoice submitted by Advocate” in the grid as given in below screen. In case of mistake while submitting the invoices, ‘Advocates/Firms, can withdraw payment request by clicking on “Action” button and selecting “Withdraw” option. The request submitted by Advocates/Firms for payment of invoices will be transferred to the concerned PIU and in case of queries, PIU can sought clarification on this and Advocates/Fitms can also submit their reply for that query as shown in below screes. a2 [Page= Stop-&: By clicking Add Note button as shown in above screen, Advocates/Firms can upload their remarks with documents (Optional) and then submit it to PIU. 331 Pace" At PIU level ‘Step-1: Navigate to “Land Arbitration — Advocate Payment” Module in the search menu. PIU can see the below page in which all payment request raised by Advacates/Firms will appear. By clicking on “Action” button PIU has multiple options to select as shown in below screen. Step-2: PIU can Click on "Send for Serutiny to FRA(PIL)) Unit-1* Signatory” to proceed further the payment request of Advocates/Firms. Ba[ Page‘A. In the FA-PIU-Login, following grid will appear to FA PIU. 8. FA PIU can initiate the process of peyment of Advocate/Firms invoices by click on Action button and selecting the drop downs as given in kelow screen: 351PageC. FAPIU can click on “Send to PIU for Bill Approval” to fill Net Released Amount and upload document for proceed further. ‘ene PIU fo i Appl D. After submission of details as given in above screen following status will appear as highlighted in below sereen to PIU: 36 [PageE. Now, PIU can click on the Action button and select Approve& Initiate Payment to F&A(PIU) -1* Signatory in drop down to proceed further. F._ Now the following form will open and PIU can approve the Advocates/Firms invoices by using DSC, 37|PageG. Current status of invoices will appear as “ Approve & Initiate Payment to F&A(PIU)-Ist Signatory” as given in below screen. a 3 0 28 [Page‘Step-3: Arter completion of Step-2, above, current status will shaw “Send for Scrutiny to FRA(PIU) Unit-1 Signatory” means it reach to FA PIU. Step-4: In case, PIU select the “reject” drop down as shown in screen given at Step-1 above, then PIU can click ‘on “Sign & Save” option then reject the payment request by using the DSC. ‘on SS ee 39 [Pace‘Step-S: In case, PIU select the “Seek clarification ” drop dowm as shown in screen gwen at Step-1 above, then PIU can click on “Clarification sought by PIU” and send to Advocates/Firms by using the DSC. ‘Step-6: In case, PIU select the “Check budget” drop down as shown in screen given at Step-1 above, then below page in shown: a0 [PageD) Senior Advocates Payment by PIU ‘Step ~ 1: Navigate to ‘Land Arbitration - Senior Advocate Payment” in the search menu. Alll updates regarding. senior advocate hearing deteis will be displayed in that grid. S| Taoggoo 4[PaceStep-2: After click on “Raise Payment” PIU fil the following fields with declaration and press submit Field Properties lect any One) [based on resent om hearty} ‘AN elds seo mandatory Step-3:: The details of payment will be reflected in that highlighted section ‘WWNOunUOd aE) Reports for Respective Division - PIU, RO, GM a. Adjournment Reportable Orders ‘Step- 1: Navigate to” Adjoumment Reportable Orders” in the search menu or searching from the output menu, from left side. All PIU, who are marked as reportable by those court orders are displayed here. Step- 2 If the LA division needs to filter the reportable orders, they can do so by the screen below king the ‘Action’ button on. 43[Pace‘Step-3: After clicking the “Action” button, LA-Division Put remarks and meke it Yes/No to consider in its own library, Step-4: After submitting the remarks, the 'H@ Recommended’ button in the below screen, filters out reportable orders that the LA Division marks as Reportable. 4a|Pageb. Land Arbitration — Advocate Performance Monitoring Report Navigate to” Land Arbitration ~ Advocate Performance Monitoring Report” in the search menu or searching from the output menu from left side. This section displays the performance monitoring of all advocates who are empanelad in the Datalake portal Note ~ Case Detail If want to view entire case history of any case with linking subsequent case user click on view submission page to view all details 45|Paceja) User can view all details with view & download documents as welll as by clicking case number user can see the details view of lower case history ( if it passed through lower case and user can entry the case information with linkage ). Also view the entire hearing history with payment and advocate engagement history 46) Pa47|Pagec. Land Arbitration = Analytical GIS Report Step-1: In the Analytical Reports section, All court cases are presented, categorizing Regional Office (RO)-wise cases, including both pending and Disposed off, across different courts (Arbitration Court, District Court, High Court, and Supreme Court). This information is available in both textual reports and the Geographic Information system (GIS) environment, allowing for a nationwide view of court case pendencies through maps, incorporating UPC alignments. This functionality is nat confined to the RO level it can also drill down to the District level. It also shows future hearing details in the calendar section. This eliminates the need for separate reporting in various meetings, providing a real-time display of court case pendencies at different courts. step-2: When click on RO it expande with District Level also present Analytical Report tab which shown details of the selected court cases. 4a [PacStep-4: This map allows to measure court case plot to nearast highway distance in GIS Environment which can allow to kept exact information of distance | As a Analytical tool ) aa|Pagecogs otiwer ot wart ewe Fr cau ah oy ino 20 National Highways Authority of India inistyo! Res ats ws, de-10, am, SNe sareeter ST USTAE SAPRTERTOT ett sonine sot zsorro020 eS Transport end Hi NHA\/Policy Guidelines! Delegation of Poveer!2017 No.18.24/2017, Dated the 24 August, 2017 (@ecison eken on File No.NHAUCGMICMDIZ017-18) Subject : Delegation of Power in implementation of the Projects. The Delegation of Power (DOP) gven n various Policy Citcula's onthe folowing subjects has been revised as under ((or ober subjects, DOP remains the same as givenin ear Pucy Circulars) Se ‘Subject Towhom [Extent of Remarks No. delegated _| Delegation fk | 11 | Aspoval of] RO | FunPoners | () The award of compensation is made by Compensaton for CALA on of after 0.01 2015 as per the Land Acquistion provisions of RFCTLARR Act, 2013 deterrined by CA Nit het {i) The compensation for stuctures feling wiin ROW shal be shioly as per Policy Guidelines (7.1.51) dated 10.04.2017 1958 (decision taken by EC in is meeting held on 24.07.2017) 12 | Approval of| RO | FullPowers |) Procedure for processing Arbitral Awards Compensation for shall continue to be govemed by Circuar Land Acquisition No. NHAIQLAPoicy/2008 ated enhanced by the (0609.2010. Paras ‘(a), 1(b) and 1(2) of Arbirator! Court, Circular iid are canceled. (incuging interest) (decsion Glen by (i) RO may seek legal advice trom NHAT'S Counsel prior io deciding whether to accent Mee bal ot or halenge 2 soit oer eancng ‘17.082017) Compensation. Provided tnt [as per Pata 4()) of Circular No. NHAI/1@/LA/Policy/2006 dated 06.08.2010), Artival Awards which have been usheld by a Court must not be chalerged n a higher cour, 2. | Appreval of utlty | RO | Rs30 Crore for | (i) The guidelines as per Policy Circular shifting estimates each (Tech.215/2016) dated 19.09.2018 shall be public tities. only concemed —_| followed, (electrical, — water division of utility {i RO can approve supervision charges and other public ‘owning agency Pape tof 24TAT TTT TATE WTR OT ge iew ss ar ncwsnoreae (err see, ase sRaer oft cormrt sare) ‘bas irae: 91-1-25009507 1 25089514 National Highways Authority of India "22/2016 260 20: (Ministry of Shipping, Road Transport and Highways) oh-5 wet 6, Hret10, weer, sf PRee-110075 545, Sector, Dwar, New Dei-110075 CIRCULAR NHAI/13/LA/Policy/2005 06 Sep 2010 Subject: Guidelines for processing Arbitral Awards. 1. The policy/procedures for processing Arbitral Awards for compensation for land have been reviewed, and, as a measure for streamlining processing of Arbitral Awards in respect of compensation for land, it has been decided that such Awards shall hencefoith be provessed as mentioned in following paragraphs:~ (a) Upon declaration of an Arbitral Award for compensation for land, concemed PIU shall immediately obiain a copy of the Award and initiate a case for disposal of the same in accordance with relevant Policy/Guidelines, and also otherwise ensure that filing of appeal against the A:bitral Award by NHAL does not get time-barred. (As per Section 34 of the Arbitration and Conciliation Act 1996, appeal against an Arbitral Award can be preferred within 90 days of receipt of the same) (©) Concemed PIU is to implead NHAI as a party in all Arbitration proceedings (if the Arbitrator has not already issued notice to NHAD). © An Arbitedl Award wherein the Arbitrator has enhanced compensation determined by CALA by Rs 01 lac is to be accepted at level of comcemed Project Director iespective of reasons adduced by the Arbitrator for enhancing compensation, However, while conveying acceptance of such Awards it is to be made amply clear to the Arbitrator thet his Award is being sccepted because amount by which he tas enhanced compensation is too meager for protraction of legal proceedings, not because NHAI agrees with reasons adduced by him for cahancing compensation. This will ensure that reasous adduced by the Arbitrator for enhancing Compensation in any one particular case are not cited as precedents for enhancing compensation in other similar cases. (P) Power to challenge Arbitral Awards in Court on basis of recommendations of concerned PIU and the RO"s/PIU's legal counsel is delegated to ROs. Appropriate legal counsel may be engaged by RO's/PIU's for this purpose. [Delegation of the authority to ROs to challenge Arbitral Awards in Court would be subject to condition mentioned at para (c) above ie that Arbitral Awards wherein the Arbitrator has enhanced compensation by upto RS 1.0 lee are to he accepied at level of concerned Project Director irrespective of reasons adduced by Arbitrator) (6) Decision to accept an Arbitral Award wherein the Arbitrator has entianced compensation by upto Rs 5.0 Cris to be taken at level of RO/CGM in charge of the State, ( Decision to accept an Arbitral Award wherein the Arbitrator has enhanced compensation by an amount above Rs 5.0 Cr, upto Rs 10.0 Cr is to be taken at level of ccnvened M(Z), with concurrence of M(A). (8) Chairman would remain Competent Authority for accepting Arbitral Awards beyond Rs 10 Cr (h) The amount (in respect of which the authority to accept an Arbitral Award has been delegated) includes Interest on the enhancement awarded by the Arbitrator, MeFOLLETT ELE EEPE $e BUF TUEVOVYVUHYUYUUVDUY 2, 2009 dated 22 Oct 09 are amended accordingly. Circular of even No dated 03 Sep 2010 semis it @ Compensation determined by CALA is to be deposited with him prior to initiation of Arbitration proceedings only on conditions that (3) possession of land is transferred of to NHLAI, and (ii) compensation shall be disbursed only subsequent to due approval by HQ. (k) CALAs Awards which have been upheld by the Arbitrator are not to be pursued into Court, for the simple reason that successive endorsements of the Award by CALA/Arbitrator point to merit possessed by CALA’s Award. (1) Cases where Award declared by CALA has been challenged by landowners, whereupon the Arbitrator has enhanced compensation and his Arbitral Award has been upheld by a Court, also ought not to be pursued into a higher Court. (m) For ready availability of necessary information, for processing Arbitral Awards timely, cases pertaining to such Awards are to be submitted as per Format at Annexure to this Circular (a) While submitting cases for consideration of RO/HQ, PIUs shall furnish their observations! recommendetions in the matter. (0) As per Explanation (ii) of Section 194LA of the income Tax Act, 1961: ‘For the purposes of this section,...... “immovable property” means any land (other than agricultural land) or any building or part of a building.’ Consequently; ()) Income Tax is not deductible ftom the enhancement awarded on compensation for agricultural land. (ii) Since the definition of ‘immovable property’ in the Income Tax Act, 1961, includes buildings or parts thereof, Income Tax is deductible on the enhancement awarded on compensation for buildings standing on agricuttural land, (iii) Since the definition of ‘immovable property’ in the Income Tax Act, 1961 does not include trees/bore-wells/ponds etc; Income Tax shall not be deductible on the enhancement awarded on compensation for such ttees/bore-wells/ponds etc. (P) Income Tax is chargeable on the amount by which an Avbitrator has enbancod compensatioa, and interest thereon, subject to condition that aggregate amount of such payments; ie (i) compensation awarded by CALA, (ii) enhancement awarded by the Arbitrator and (iii) interest on the enhancement awarded by the Arbitrator, during the financial year, excedds one hundred thousand fupecs. (@ Section 3H(6) of NH Act stipulates that “Subject to the provisions of this Act, the provisions of the Arbitration and Conciliation Act,1996 shall apply to every arbitration under this Act Section 3H(5) of NH Act provides for payment of interest @ 09% per annum on the enhanced amount (ftom date of declaration taking possession under Section 3D to date of deposit of the enhanced amount), Accordingly, since applicability of provisions of the Arbitration and Conciliation Act have been made subject to provisions of the NH Act and since the NII Act contains its own specific provisions pertaining to payment of interest, it follows that the provisions of NH Act pertaining to payment of interest would preponderate/prevail over those of the Arbitration and Conciliation Act; Interest would therefore be payable @ 09% per annum. on the enhanced amount from date of taking possession under Section 3D to date of deposit of the enhanced amount, as provided under the NH Act. NHAI Circular No 11041/21/2002/Adrin-IIl dated 13 May 04 and Office Order No NHAW/LA/ 3. This issues with approval of the Competent Authority. é (VK Sharma) To: CGM(.A) 1. ANROs 2. AMlPTUs 3. All CGMs/GMs at HQ 1. PS to Chairman 2. PS to MembersAnnexure to HQ letter No NHAV/13/LA/Policy/2006 dated 06 Sep 2910. Format for submission of Arbitral Awards for compensation by PIUs to RO/HQ. Name of PIU: ‘Name of Project: ‘SI | Particulars of Arbitral Award Details (to be furnished by PIU) No 1 | Date of declaration of Arbitral Award, 2. | Date of receipt of Arbitral Award by NHAL Date by which appeal against the Acbital Awerd can be filed as per Section 34 of * Arbitration and | Conciliation Act, 1995. Name of village/urban area. ‘Area of land involved in Arbitration, Date of 3A Notification. Date of 3D Notification. Date of declaration of 36 Award, Date of payment of compensation. Circle-rate at time of publication of 3A. 1.__| Notification ‘Compensation fixed by CALA (Rs per } mm), 12._| Basis for fixation ofrates by CALA 13. | Sales- (i) Highest. transaction statistics. * | rate. : : 14. Gi) Lowest transaction =" rae. 15.__| Rate awarded by Arbitrator (Rs per m") 16. [Reasons adduced by Arbitator for enhancing compensation 17.) Financial | (i) Enhancement of implication | compensation. of the Gi) Interest (@5% pa) ~ —| Axbitral (ii) Total implication. a Award. 18. {Date upto which total financial | implication has been calculated, * Note: (® Column No 13 is required 10 be filed only if CALA has determined compensation on bacis of sales- statistics. UU UUUEYOE ECU 6 OEY CCW’ UT wt mow