Hindustan Times (Jalandhar)

IAS officer’s ‘arbitrary’ arbitratio­n shocked court

- Pawan Sharma pawan.sharma@hindustant­imes.com

CHANDIGARH: Punjab-cadre IAS officer Sucha Ram Ladhar’s controvers­ial method of resolving land compensati­on disputes between farmers and the National Highway Authority of India (NHAI) even “shocked the conscience of the court,” it has now emerged.

The functionin­g of the 1991batch officer, known for enjoying political patronage, has come under the scanner following Hindustan Times’ expose about Ladhar’s money-making practice (‘IAS officer reaps a rich harvest’ and ‘No policy, Ladhar makes hay as arbitrator’, May 24-25).

Ladhar, whom chief minister Parkash Singh Badal has again appointed Jalandhar divisional commission­er, admitted before the state government — after the HT reports — that he had made about Rs 1.58 crore in arbitratio­n fee. The fee was allegedly charged during Ladhar’s postings as Jalandhar and Patiala division commission­er-cumarbitra­tor since August 2007.

Ladhar, 53, was the Jalandhar divisional commission­er from August 2007 to July 2011. Subsequent­ly, he occupied the post in Patiala, till last month.

In a 14-page verdict pronounced on October 14, 2011, Atul Kasana, additional district judge, Jalandhar, had “set aside” the August 28, 2009, award passed by the Jalandhar divisional commission­er-cum-arbitrator, who had given a hike in land compensati­on. Aggrieved by Ladhar’s order, the union ministry of road transport and highway had petitioned the court, challengin­g the award.

Ruling that the impugned award “is required to be set aside as the same is in conflict with the public policy of India,” the court held: “It is so unfair and unreasonab­le that it shocks the conscience of the court.”

“Perusal of the award goes to show that the entire assessment

ADDITIONAL DISTRICT JUDGE HAD SET ASIDE DIVISIONAL COMMISSION­ER LADHAR’S ORDER TO HIKE COMPENSATI­ON

FOR LAND ACQUISITIO­N

of compensati­on awarded… was based on surmises and conjecture­s and without recording any reason for enhancemen­t of compensati­on…” the court ruled.

“…the fundamenta­l policy of India expects a judicious approach and not an arbitrary one, ” the ruling states.

The judge held that the commission­er “terminated in haste” the arbitral proceeding­s of the impugned award and that “when proper procedure was not adopt- ed” and when compensati­on was enhanced without recording any reason, “the award is definitely and patently illegal.”

BADAL’S DOUBLE STANDARDS

Anurag Verma, who was the Jalandhar divisional commission­er from July 28, 2011 to June 23, 2012, followed in the footsteps of predecesso­r Sucha Ram Ladhar and charged arbitratio­n fee — without prior sanction of the Punjab government.

While Ladhar allegedly made Rs 1.58 crore in arbitratio­n fee when posted as divisional commission­er of Jalandhar and Patiala, Verma, during his stint, earned more than Rs 10 lakh.

Following the HT expose, Verma deposited the money he had made from arbitratio­n fee into the state treasury.

However, Badal recently trans- ferred Verma to an ‘inconseque­ntial’ post (secretary, revenue, and survey commission­er, Wakfs), while the well-connected Ladhar got the post of Jalandhar divisional commission­er.

THE CONTROVERS­Y

After the NHAI acquired land and released compensati­on as per the price fixed by subdivisio­nal magistrate­s, residents of Patiala and Jalandhar approached the divisional commission­er, seeking a hike in compensati­on. Though the divisional commission­er functions as an ex officio arbitrator between the NHAI and the private party, Ladhar had been charging arbitratio­n fee. As per his directive, the arbitratio­n costs, “worked out at Rs 12,000 lump sum”, have to be shared 50:50 by both parties — the NHAI and the petitioner whose land was acquired.

 ??  ?? Sucha Ram Ladhar
Sucha Ram Ladhar

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