Rajasthan High Court - Jodhpur
Jain Sons Buildcon Pvt. Ltd vs Union Of India on 9 November, 2022
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6365/2022
Sushila Pathak W/o Ganga Shankar, Aged About 79 Years, r/o
2N1 First Puliya, Chopasani Housing Board, Nandanvan, Jodhpur,
(Raj.).
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector-10, Dwarka, New Delhi-110 075.
3. The Prescribed Authority (Land Acquisition) and Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
Connected With
S.B. Civil Writ Petition No. 5298/2018
1. Babu Devi W/o Jeta Ram, By Caste Bishnoi, aged about
55 years, R/o Guda Bishnoiyan, Tehsil And District
Jodhpur.
2. Jeta Ram S/o Ram Chandra, By Caste Bishnoi, aged about
60 years, R/o Guda Bishnoiyan, Tehsil And District
Jodhpur.
----Petitioners
Versus
1. Union Of India Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer National Highway, Public Works
Department, Government Of Rajasthan, Jaipur Raj..
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali Raj..
----Respondents
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S.B. Civil Writ Petition No. 5299/2018
Jeta Ram S/o Ram Chandra, By Caste Bishnoi, aged about 60
years, R/o Guda Bishnoiyan, Tehsil And District Jodhpur.
----Petitioner
Versus
1. Union Of India Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer National Highway, Public Works
Department, Government Of Rajasthan, Jaipur Raj..
3. The Prescribed Authority Land Acquisition And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali Raj..
----Respondents
S.B. Civil Writ Petition No. 15319/2018
Rishabh S/o Rajeev Khullar, Aged About 32 Years, r/o 23, Shyam
Nagar, Pal Link Road, Jodhpur
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.)
3. The Prescribed Authority (Land Acqusition ) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 15326/2018
Smt. Sucheta W/o Rajeev Khullar, Aged About 52 Years, r/o 23,
Shyam Nagar, Pal Link Road, Jodhpur
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.)
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3. The Prescribed Authority (Land Acqusition ) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 15788/2018
Rishabh S/o Rajeev Khullar, Aged About 32 Years, R/o 23, Shyam
Nagar, Pal Link Road, Jodhpur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 16611/2018
1. Kheta Ram S/o Tulchha Ram, Aged About 52 Years, By
Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi,
District Jodhpur.
2. Phula Ram S/o Tulchha Ram,, Aged About 36 Years, By
Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi,
District Jodhpur.
3. Birda Ram S/o Tulchha Ram,, Aged About 35 Years, By
Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi,
District Jodhpur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescreibed Authority (Land Acquisition), And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
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Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 1886/2019
Mayank Agrawal S/o Dinesh Agrawal, Aged About 33 Years, By
Caste Agrawal, R/o Chitrakut Residency Road, Jodhpur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 1890/2019
Mayank Agrawal S/o Dinesh Agrawal, Aged About 33 Years, By
Caste Agrawal, R/o Chitrakut Residency Road, Jodhpur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Trnsport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 4633/2019
Smt. Ratan Kanwar W/o Shri Parvat Singh, Aged About 70 Years,
By Caste Rajput R/o Village Chotila, District Pali, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, New Delhi.
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2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 17137/2019
1. Moolchand Parakh S/o Simrathmal Parakh, Aged About 55
Years, By Caste Oswal, R/o Jalam Niwas, Padmavati
Nagar, Paota B Road, Jodhpur.
2. Mangilal Jyani S/o Jagmalaram Jyani, b/c Bishnoi Aged
About 51 Years, R/o Khetolai, Tehsil Pokran, Jaisalmer.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition), And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 17195/2019
1. Moolchand Parakh S/o Simrathmal Parakh, Aged About 55
Years, By Caste Oswal, R/o Jalam Niwas, Padmavati
Nagar, Paota B Road, Jodhpur.
2. Mangilal Jyani S/o Jagmalaram Jyani, Aged About 51
Years, By Caste Vishnoi, R/o Khetolai, Tehsil Pokran,
Jaisalmer.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition), And Sub
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Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 18468/2019
1. Manju Devi W/o Kailash Chand, Aged About 45 Years, r/o
Bichla Bass Merta, Merta City, Nagaur.
2. Prema Devi W/o Kailash Chand, Aged About 50 Years, r/o
Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And
District Nagaur (Raj.).
3. Kailash Chandra S/o Banshi Lal Ghanchi, Aged About 49
Years, r/o Near Krishi Mandi, Kuchera, Ward No.06,
Nagaur.
4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years,
r/o 114, Ghanchi Colony, Bhagat Ki Kothi, Jodhpur, District
Jodhpur.
5. Naini Devi W/o Banshilal, Aged About 73 Years, r/o Merta
City, Tehsil Merta, District Nagaur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector - 10, Dwarka, New Delhi - 110 075.
3. The Project Director, Project Implementing Unit, Ajmer,
(Raj.).
4. The Prescribed Authority (Land Acquisition And Additional
District Collector), Nagaur.
----Respondents
S.B. Civil Writ Petition No. 18583/2019
1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o
Bichla Bass Merta, Merta City, Nagaur.
2. Prema Devi W/o Kailash Chand,, Aged About 50 Years,
R/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And
District Nagaur.
3. Kailash Chandra S/o Bansi Lal Ghanchi,, Aged About 49
Years, R/o Near Krisi Mandi, Kuchera, Ward No. 06,
Nagaur.
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4. Chanchal Devi W/o Hansraj Bhati,, Aged About 55 Years,
R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur,
District Jodhpur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector- 10, Dwarka, New Delhi- 110 075.
3. The Project Director, Project Implementing Unit, Ajmer,
(Raj.).
4. The Prescribed Authority (Land Acquisition) And Additional
District Collector, Nagaur.
----Respondents
S.B. Civil Writ Petition No. 18631/2019
1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o
Bichla Bass Merta, Merta City, Nagaur.
2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o
Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And
District Nagaur.
3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49
Years, R/o Near Krishi Mandi, Kuchera, Ward No. 06,
Nagaur.
4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years,
R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur,
District Jodhpur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector-10, Dwarka, New Delhi- 110075.
3. The Project Director, Project Implementing Unit, Ajmer,
(Raj.).
4. The Prescribed Authority, (Land Acquisition) And
Additional District Collector Nagaur.
----Respondents
S.B. Civil Writ Petition No. 18636/2019
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1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o
Bichla Bass Merta, Merta City, Nagaur.
2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o
Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And
District Nagaur.
3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49
Years, R/o Near Krishi Mandi, Kuchera, Ward No. 06,
Nagaur.
4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years,
R/o 114, Ghanchi Colony, Bhagat Ki Kothi Jodhpur, District
Jodhpur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector-10, Dwarka, New Delhi-110075.
3. The Project Authority (Land Acquisition), And Additional
District Collector Nagaur.
4. The Prescribed Authority, (Land Acquisition) And
Additional District Collector Nagaur.
----Respondents
S.B. Civil Writ Petition No. 18922/2019
1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o
Bichla Bass Merta, Merta City, Nagaur.
2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o
Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And
District Nagaur.
3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49
Years, R/o Near Krisi Mandi, Kuchera, Ward No. 06,
Nagaur.
4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years,
R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur,
District Jodhpur.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road
Transport And Highway, Government Of India, New Delhi.
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2. The Chairman, National Highway Authority Of India, G-5
And 6, Sector-10, Dwarka New Delhi-110075.
3. The Project Director, Project Implementing Unit, Ajmer,
(Raj.).
4. The Prescribed Authority (Land Acquistion) And Additional
District Collector, Nagaur.
----Respondents
S.B. Civil Writ Petition No. 2292/2020
Jain Sons Buildcon Pvt. Ltd., Through The Director Jitendra Bohra
S/o Shri Sohanlal Jain, Aged About 45 Years, By Caste Jain, R/o
House No. 21, Prem Nagar, Kheme Ka Kunwa, Pal Road, Jodhpur.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 6551/2020
1. Kanak W/o Shri Gopal Singh, Aged About 64 Years, By
Caste Rajput, R/o Plot No. 180, New B.j.s. Colony, B.j.s.
Jodhpur, Rajasthan.
2. Hemendra Singh S/o Shri Gopal Singh, Aged About 37
Years, By Caste Rajput, R/o Plot No. 180, New B.j.s.
Colony, B.j.s. Jodhpur, Rajasthan.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector-10, Dwarka, New Delhi- 110075.
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
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Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 908/2021
Chogaram S/o Shri Kishna Ram, Aged About 62 Years, B/c Patel,
R/o Gajan Garh, Post Khurd, Tehsil Rohet And District Pali,
Rajasthan.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.)
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 989/2021
Ashok Kumar S/o Late Shri Lal Chand, Aged About 48 Years, By
Caste Jain, R/o Rohet, Tehsil Rohet And District Pali, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 996/2021
1. Shanti Devi W/o Mohan Lal, Aged About 59 Years, By
Caste Vishnoi, R/o Dalpatgarh, Tehsil Rohit, District Pali,
Rajasthan.
2. Bhanwar Singh S/o Sohan Singh, Aged About 60 Years,
By Caste Ravna Rajput, R/o Bandai, Tehsil Rohit, District
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Pali, Rajasthan.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
S.B. Civil Writ Petition No. 1008/2021
Shanti Devi W/o Shri Mohan Lal, Aged About 59 Years, B/c
Vishnoi, R/o Dalpat Garh, Tehsil Rohet, District Pali, Rajasthan.
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.)
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 1141/2021
Shrenik Daga S/o Shri Hukam Chand Daga, Aged About 36
Years, R/o Shastri Nagar, A-31, Shastri Nagar, Jodhpur (Raj.)
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector - 10, Dwarka, New Delhi - 110075
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
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4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 1142/2021
Varun Daga S/o Shri Prasan Chand, Aged About 34 Years, R/o
Shastri Nagar, D-4, Shastri Nagar, Jodhpur (Raj.)
----Petitioner
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector - 10, Dwarka, New Delhi - 110075
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.)
----Respondents
S.B. Civil Writ Petition No. 1143/2021
1. Ramesh Das S/o Mahendra Das, Aged About 22 Years, B/c
Vaishvan,
2. Sushila Devi W/o Mahendra Devi, Aged About 47 Years,
B/c Vaishvan,
3. Mukesh S/o Bheek Das, Aged About 29 Years, B/c
Vaishvan,
all are R/o Ward No. 6, Jaton Ka Bass, Rohet, District Pali
(Raj.)
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chairman, National Highways Authority Of India, G-5
And 6, Sector - 10, Dwarka, New Delhi - 110075
3. The Prescribed Authority (Competent Authority Land
Acquisition), S.d.o. Rohet, (N.h. - 65), Jodhpur - Pali Road
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Division, Pali (Raj.)
----Respondents
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S.B. Civil Writ Petition No. 10462/2021
1. Usha W/o Rikabchand Malrecha, Aged About 53 Years,
2. Vimla Devi W/o Bhimraj Malrecha, Aged About 62 Years,
3. Premlata W/o Hukmichand Malrecha, Aged About 58
Years,
4. Beena W/o Sushil Kumar Malrecha, Aged About 53 Years,
all By Caste Jain, Resident Of Surajpole, Pali, (Raj.).
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Project Director, Project Implement Unit, National
Highway Authority Of India, House No.148, Umaid
Heritage Jodhpur, District Jodhpur.
3. The Prescribed Authority (Land Acquisition) And Additional
District Collector, Pali, District Pali, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8708/2021
1. Om Prakash Garg s/o Shri Bhanwar Lal Garg, by caste
Aggarwal, aged about 60 years, R/o Sahaji ka Chouk Pali,
District Pali.
2. Ashok Kumar s/o Shri Bhanwar Lal Garg, by caste
Aggarwal, aged about 57 years, R/o Sahaji ka Chouk Pali,
District Pali.
3. Anil Kumar s/o Shri Bhanwar Lal Garg, by caste Aggarwal,
aged about 60 years, R/o Sahaji ka Chouk Pali, District
Pali.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Project Director, Project Implement Unit, National
Highway Authority Of India, House No.148, Umaid
Heritage Jodhpur, District Jodhpur.
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3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Pali, District Pali,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10325/2021
1. Dilip Kumar s/o Shri Panna Lal, aged about 55 years
2. Yadav Kumar s/o Shri Panna Lal, aged about 53 years
3. Manoj Kumar s/o s/o Shri Panna Lal, aged about 50 years
4. Smt. Kalpna Devi wife of Dilip Kumar Golecha, aged about
53 years.
5. Smt. Anita Devi wife of Yadv Kumar Golecha, aged about
51 years.
6. Smt. Mamta Devi wife of Manoj Kumar Golecha, aged
about 49 years,
all by caste Jain, resident of 35 Setho ka Bass, Pali (Raj.)
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of
Road, Transport And Highway, Government Of India,
New Delhi.
2. The Project Director, Project Implement Unit, National
Highway Authority Of India, House No.148, Umaid
Heritage Jodhpur, District Jodhpur.
3. The Prescribed Authority (Land Acquisition) And
Additional District Collector, Pali, District Pali,
Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradeep Swami
For Respondent(s) : Mr. M.P. Goswami for
Mr. Anil Bachhawat, AGC
Mr. Pukhraj Servi for
Mr. B.P. Bohra
Mr. Sushil Bishnoi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 09/11/2022 (Downloaded on 10/11/2022 at 08:49:42 PM) (15 of 18) [CW-6365/2022] Heard learned counsel for the parties. The present batch of writ petitions had been filed for similar relief and arise out of same facts, therefore, they are being disposed of by this common order.
For deciding the batch of writ petitions, the facts of S.B. Civil Writ Petition No. 6365/2022 are taken into consideration.
The prayers made in the present writ petitions are as follows:-
"a. The respondents may kindly be directed to comply with the provisions of the Land Acquisition Act, 1894 for determination of compensation under National Highways Act, 1956;
b. The respondents may kindly be directed to quash the award dated 17.09.2014 (Annexure-
2) in so far as it declines award of solatium and interest in terms of the provisions of Section 23(2) and 28 of the Land Acquisition Act, 1894;
c. The respondents may be directed to comply with the Guidelines laid down by Hon'ble Supreme Court of India;
d. The respondents may kindly be directed to issue supplementary award to this effect within a stipulated time;
e. The National Highway Authority of India must be directed to deposit the amount payable in terms of the supplementary award, in interest bearing fixed deposit account(s) in any nationalized bank which shall be disturbed to the petitioner;"
Learned counsel for the petitioners submits that the petitioners were having the possession and ownership of the land which has been acquired by the respondents. He further submits that in pursuance of the acquisition proceedings undertaken, the Land Acquisition Officer-cum-Sub Divisional Officer, Rohet, District (Downloaded on 10/11/2022 at 08:49:42 PM) (16 of 18) [CW-6365/2022] Pali passed an award in favour of the petitioners on 17.09.2014, whereby, the compensation was determined as per the National Highways Act, 1956. Learned counsel further submits that Section 3-J of National Highways Act, 1956 was declared ultra vires by the Hon'ble Madras High Court as well as Hon'ble Punjab and Haryana High Court. Ultimately, the matter was taken to the Hon'ble Supreme Court, wherein, the Hon'ble Supreme Court in a batch of Special Leave Petitions led by Union of India and Anr. Vs. Tarsem Singh and Ors. decided on 19.09.2019 upheld the decisions of the Hon'ble Madras High Court and Hon'ble Punjab and Haryana High Court and Section 3-J of National Highways Act, 1956 was struck down being violative of Article 14 of the Constitution of India.
Learned counsel for the petitioner further submits that in view of the decision rendered by the Hon'ble Supreme Court in the case of Tarsem Singh (supra), the petitioners seek remedy to approach the Arbitrator as per Section 3(G)(5) of National Highways Act, 1956 by taking recourse to the arbitration proceedings assailing the validity of the award in question.
Learned counsel for the respondents are not in a position to refute the factual position argued by the learned counsel for the petitioners.
I have considered the submissions made at the Bar. The Hon'ble Supreme Court in the case of Tarsem Singh (supra) held as under:-
"41. There is no doubt that the learned Solicitor General, in the aforesaid two orders, has conceded the issue raised in these cases. This assumes importance in view of the plea of Shri Divan that the impugned judgments should be (Downloaded on 10/11/2022 at 08:49:42 PM) (17 of 18) [CW-6365/2022] set aside on the ground that when the arbitral awards did not provide for solatium or interest, no Section 34 petition having been filed by the landowners on this score, the Division Bench judgments that are impugned before us ought not to have allowed solatium and/or interest. Ordinarily, we would have acceded to this plea, but given the fact that the Government itself is of the view that solatium and interest should be granted even in cases that arise between 1997 and 2015, in the interest of justice we decline to interfere with such orders, given our discretionary jurisdiction under Article 136 of the Constitution of India. We therefore declare that the provisions of the Land acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and, therefore, declared to be unconstitutional. Accordingly, Appeal @ SLP (C) No. 9599/2019 is dismissed."
In view of the submissions made before this Court and taking into consideration the fact that Section 3-J of the National Highways Act, 1956 is held to be violative of Article 14 of the Constitution of India. The petitioners are permitted to withdraw the present writ petitions with liberty to approach the Arbitrator as per Section 3(G)(5) of National Highways Act, 1956. The petitioners shall move an appropriate application along with an application for condonation of delay before the Arbitrator within a period of two weeks from the date of receipt of the certified copy of this order, which shall be considered by the Arbitrator strictly in accordance with law.
Needless to say that the Arbitrator after giving a reasonable opportunity of hearing to the petitioners shall decide the application so preferred by them by a speaking order strictly in accordance with law.
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(18 of 18) [CW-6365/2022] Since the matter pertains to the year 2014, therefore, it is expected from the Arbitrator that he shall conclude the arbitration proceedings at the earliest preferably within a period of one year from the date of filing the same.
Accordingly, the present writ petitions are dismissed as withdrawn.
(VINIT KUMAR MATHUR),J 7-33-C-1, C-2-Payal/-
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