Rajasthan High Court - Jodhpur
Madhu Singh vs Union Of India on 4 February, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 1448/2019
1. Madhu Singh S/o Shri Ham Singh, Aged About 86 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
2. Malu W/o Late Shri Sadul Singh,, Aged About 84 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
3. Uday Singh S/o Shri Sadul Singh,, Aged About 57 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan-1 Parliament Street, New Delhi-
110001
2. The National Highway Authorit Of India, Through
Chairman, G- 5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1449/2019
Sampat Lal S/o Shri Sohanlal Mahajan, Aged About 71 Years,
Resident Of Village Balato Ki Gwar, Tehsil Bhim, District
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan-1 Parliament Street, New Delhi-
110001
2. The National Highway Authority Of India, Through
(2 of 8) [CW-1448/2019]
Chairman, G 5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1450/2019
Basanta Devi W/o Shri Veeram Singh, Aged About 47 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan- 1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector- 10, Dwarka New Delhi.
3. The Prescibed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1452/2019
Smt. Mangi Bai W/o Shri Bhagwanlal, Aged About 65 Years,
Resident Of Village Nathuwas, Tehsil Nathdwara, Dist.-
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan-1 Parliament Street, New Delhi-
110001
(3 of 8) [CW-1448/2019]
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. Project Director Nhai, Project Implementation Unit, 10
A, Panchwati, Udaipur.
----Respondents
S.B. Civil Writ No. 1535/2019
1. Kala Singh Rawat S/o Shri Bhojraj Singh, Aged About 58
Years, Resident Of Village Kundaal Ki Gwaar, Tehsil
Bhim, District Rajsamand (Raj.).
2. Radha Devi W/o Shri Kalyan Singh,, Aged About 55
Years, Resident Of Village Kundaal Ki Gwaar, Tehsil
Bhim, District Rajsamand (Raj.).
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan-1 Parliament Street, New Delhi-
110001.
2. Teh National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1537/2019
Hasi Devi W/o Late Shri Govind Singh Rawat, Aged About 60
Years, Village Devraj Nagar, Tehsil Bhim, District Rajsamand-
(Raj).
----Petitioner
Versus
(4 of 8) [CW-1448/2019]
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan- 1 Parliament Street, New Delhi
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Aquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1576/2019
Bhagwanlal S/o Shri Shivlal Kumar, Aged About 68 Years,
Resident Of Village Nathuwas, Tehsil Nathdwara, Dist.-
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan-1 Parliament Street, New Delhi-
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. Project Director Nhai, Project Implementation Unit, 10
A, Panchwati, Udaipur.
----Respondents
S.B. Civil Writ No. 1577/2019
Dhanna Lal S/o Shri Kistoorchand, Aged About 54 Years,
Resident Of Village Barar, Tehsil Bhim, District Rajsamand
(Raj.)
----Petitioner
(5 of 8) [CW-1448/2019]
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan- 1 Parliament Street, New Delhi-
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Officer, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 1598/2019
Roop Singh S/o Shri Bheru Singh, Aged About 64 Years, Village
Barar, Tehsil Bhim, District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan -1, Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Officer,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. Swaroop Singh Sisodia
For Respondent(s) : Mr. Vinit Sanadhya
Ms. Apurva Mathur
(6 of 8) [CW-1448/2019]
HON'BLE MR. JUSTICE INDERJEET SINGH
Judgment / Order 04/02/2019 Counsel for the parties are in agreement that the issue involved in this writ petition has been finally decided by the coordinate Bench of this Court in the matter of Man Singh & Ors. Vs. Union of India & Ors. S.B.Civil Writ Petition No.13114/2016), decided on 27.03.2017,wherein this Court has held as under:-
1. By way of this writ petition, the petitioners are seeking directions to the respondents to re-determine the amount of compensation and other benefits awarded by the competent authority for the land acquired, while complying with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013").
2. The facts relevant are that the petitioners' land was acquired under the provisions of National Highways Act, 1956 (for short "the Act of 1956"). The competent authority determined the compensation in terms of the provisions of Section 3G of the Act of the Act of 1956. Precisely, the grievance of the petitioners is that the award in question having been passed by the competent authority after 31.12.14 by virtue of sub-section (3) of Section 105 inserted vide the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014, re-incorporated vide the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Second Ordinance, 2015, promulgated by the President of the Republic of India, the determination of the compensation was required to be made in accordance with the provisions contained in First Schedule of the Act of 2013 whereas, the compensation has been determined by the competent authority keeping in view the provisions of Section 3G of the Act of 1956.
3. It is not disputed by the counsels appearing for the Union of India and the National Highway Authority before this court that by virtue of provisions of sub-section (3) of Section 105 of the Act of 2013 in force at the relevant time, the (7 of 8) [CW-1448/2019] competent authority was required to determine the compensation payable to the petitioners for the land acquired, taking into consideration the components as set out in the First Schedule of the Act of 2013.
4. As a matter of fact, the issue regarding applicability of the provisions of the Act of 2013 for determination of compensation in cases where land acquisition proceedings were initiated under the Act of 1956 but, award has not been declared till 31st of December, 2014, was considered by the Ministry of Road Transport & Highways and vide circular dated 3rd of February, 2016, while accepting the legal opinion tendered by Additional Solicitor General of India, it has been clarified that even where the award of compensation under Section 3G of the Act of 1956 was declared by competent authority on or before 31st of December,2014 but compensation in respect of majority of the land area notified in the relevant 3A notification was not deposited in the account of beneficiaries on or before 31st of December, 2014, all the beneficiaries shall be entitled to compensation in accordance with provisions of the Act of 2013.
5. It is not disputed that in the instant case, the award has been passed after 31.12.14 and therefore, even otherwise, as per the categorical stand taken by the Union of India and the National Highways Authority by virtue of provisions of subsection (3) of Section 105 of the Act of 2013 in force at the relevant time, the compensation payable to the petitioners for the land acquired has to be re-determined as per the provisions of the Act of 2013.
6. In this view of the matter, the writ petition is disposed of with the directions to the respondents to re-determine the amount of compensation payable to the petitioners in accordance with the provisions of the Act of 2013. The entire exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. No order as to costs."
It is not disputed by counsel for the parties that the award has been passed after 31.12.2014 and therefore, the controversy is squarely governed by the decision referred above.
In view of the above submissions, admitted factual and legal scenario, these writ petitions are also disposed of in terms of the order dated 27.03.2017 passed by Coordinate Bench of this Court in Man Singh's case (supra). In case, any rival claims are received for the amount of compensation, the competent authority shall objectively consider the same (8 of 8) [CW-1448/2019] before directing disbursal of the amount, as per law. Stay applications are also disposed of.
A copy of this order be placed in each file.
(INDERJEET SINGH),J 81, 82,83,84,146,147,148,149,150/-
Praveen/-
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