Rajasthan High Court - Jodhpur
Kanchan & Ors vs Union Of India & Ors on 12 May, 2017
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4324 / 2017
1. Kanchan W/o Late Shri Mohanlal, Aged About 63 Years
2. Dinesh S/o Mohanlal, Aged About 32 Years
3. Vijay S/o Mohanlal, Aged About 34 Years, All R/o Kalawati,
Tehsil Rajsamand, Dist. Rajsamand (raj.)
----Petitioners
Versus
1. Union of India Through Ministry of Road,, Transport and
Highway, Government of India, Through Secretary, Transort
Bhawan-1 Parliament Street, New Delhi-11007
2. The National Highway Authority of India, Through Chairman,,
G-5&6, Sector-10, Dwarka New Delhi.
3. The Presicribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate Rajsamand, District Rajsamand,
(Raj.)
4. Project Director NHAI, Project Implementation Unit, 6-A-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
Connected With
S.B. Civil Writ Petition No. 4325 / 2017
Kushal S/o Deva Gadri, Aged About 70 Years, R/o Fiyawadi, Tehsil
& District Rajsamand (Raj.)
----Petitioner
Versus
1. Union of India Through the Cabinet Secretary, Cabinet
Secretrate Govt. of India, New Delhi-110004.
2. The National Highway Authroity of India, Through Chairman, G-
5&6, Sector 10, Dwarka New Delhi.
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-Rajsamand, District Rajsamand
(Raj.)
4. Project Director NHAI, Implementation Unit, 6-A-1, R.C. Vyas
Colony, Bhilwara 311001
----Respondents
(2 of 9)
[ CW-4324/2017]
S.B. Civil Writ Petition No. 4326 / 2017
Smt. Khatoon Begum W/o Mohd. Khan, Aged About 40 Years, B/c
Musalaman, R/ Village Khakhaliya Kheda, Near Railway Station,
Kuwanriya, Dist. Rajsamand (raj.)
----Petitioner
Versus
1. Union of India Through Ministry of Road,, Transport and
Highway Government of India Through Secretary, Transport
Bhawan-1 Parliment Street, New Delhi 110001
2. Regional Officer NHAI-120, Janpath, Shyam Nagar, Jaipur (raj.)
302019
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-Rajsamand, District Rajsamand
(Raj.)
4. Project Director NHAI, Implementation Unit, 6-A-1, R.C. Vyas
Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4327 / 2017
Hamid Shah S/o Mohammad Shah,, Aged About 40 Years, By
Caste Musalman, Resident of Village Khakhaliya Kheda, Near
Railway Station Kuwanriya 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. Regional Office NHAI - 120,, Janpath, Shyam Nagar, Jaipur
(Raj.) 302019
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate),, Collectrate- Rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI,, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4328 / 2017
Shabbir Khan S/o Chhote Khan,, Aged About 40 Years, By Caste
(3 of 9)
[ CW-4324/2017]
Musalaman, Resident of Village Khakhaliya Kheda, Near Railway
Station, Kuwanriya, 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. Regional Office NHAI-120, Janpath, Shyam Nagar, Jaipur (raj.)
302019
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District-rajsamand,
(raj.)
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4329 / 2017
1. Badri Lal S/o Late Shanker Kumhar,, Aged About 44 Years
2. Gattu Bai W/o Late Shanker Kumhar, Aged About 67 Years,
Both Resident of Village Khandel, Gram Panchayat, Lapsiya, Tehsil
Railmagra, Dist. 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. The National Highway Authority of India, Through Chairman, G-
5&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4330 / 2017
Shafi Mohd. S/o Ghasi Khan,, Aged About 45 Years, Resident of
(4 of 9)
[ CW-4324/2017]
Village Khakhaliya Kheda, Near Railway Station, Kuwanriya, 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. Regional Office NHAI - 120,, Janpath, Shyam Nagar, Jaipur
(Raj.) 302019
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate),, Collectrate- Rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI,, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4331 / 2017
Shokat Ali S/o Daud Khan,, Aged About 40 Years, By Caste
Musalaman, Resident of Village Khakhaliya Kheda, Near Railway
Station, Kuwanriya, 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. Regional Office NHAI-120, Janpath, Shyam Nagar, Jaipur (raj.)
302019
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4332 / 2017
1. Phula Bai W/o Shiv Singh,, Aged About 53 Years, R/o Jhanjhar,
Tehsil & Dist- Rajsamand.
(5 of 9)
[ CW-4324/2017]
2. Kishan Singh Son of Shiv Singh, Aged About 24 Years, R/o
Jhanjhar, Tehsil & Dist- Rajsamand (Raj.)
3. Kamla Kanwar D/o Shiv Singh,, Aged About 30 Years, R/o
Jhanjhar, Tehsil & Dist- Rajsamand (Raj.)
----Petitioners
Versus
1. Union of India Through the Cabinet Secretary,, Cabinet
Secretrate Govt. of India, New Delhi- 110004
2. The National Highway Authority of India, Through Chairman,,
G-5&6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate),, Collectrate- Rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI,, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4333 / 2017
1. Kailash S/o Radhakishan Ji, Aged About 51 Years
2. Sureshchandra S/o Radhakishan Ji, Aged About 47 Years
3. Ramchandra S/o Radhakishan Ji, Aged About 43 Years
4. Kamlabai W/o Radhakishan Ji,, Aged About 71 Years, All
Resident of Village- Khandel, Gram Panchayat Lapsiya, Tehsil-
Railmagra, Dist. Rajsamand (Raj.)
----Petitioners
Versus
1. Union of India Through the Cabinet Secretary, Cabinet
Secretrate Govt. of India, New Delhi-110004
2. The National Highway Authority of India, Through Chairman, G-
5&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
(6 of 9)
[ CW-4324/2017]
----Respondents
S.B. Civil Writ Petition No. 4334 / 2017
Bherudas S/o Banshidas,, Aged About 41 Years, Resident of
Railway Station, Village- (Khakhliya Kheda) Kunwaria, Tehsil-
Rajsamand (Raj.)
----Petitioner
Versus
1. Union of India Through the Cabinet Secretary, Cabinet
Secretrate Govt. of India, New Delhi-110004
2. The National Highway Authority of India, Through Chairman, G-
5&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4335 / 2017
1. Ganga Wife of Jodhraj Gadri,, Aged About 49 Years
2. Ramniwas Son of Mangilal Toshniwal,, Aged About 55 Years,
Both Resident of Village- Lapsiya, Tehsil Railmagra &, Dist-
Rajsamand (Raj.)
----Petitioners
Versus
1. Union of India Through the Cabinet Secretary,, Cabinet
Secretrate Govt. of India, New Delhi- 110004
2. The National Highway Authority of India, Through Chairman,,
G-5&6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate),, Collectrate- Rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI,, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
(7 of 9)
[ CW-4324/2017]
S.B. Civil Writ Petition No. 4336 / 2017
Soni W/o Laxmi Lal, Aged About 41 Years, R/o Bhana, Tehsil &
Dist. Rajsamand (raj.)
----Petitioner
Versus
1. Union of India Through the Cabinet Secretary, Cabinet
Secretrate Govt. of India, New Delhi-110004.
2. The National Highway Authority of India, Through Chairman,,
G-5&6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-Rajsamand, District Rajsamand
(Raj.)
4. Project Director NHAI, Project Implementation Unit, 6-A-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4337 / 2017
Daud Khan S/o Meer Khan, Aged About 50 Years, B/c Musalman,
R/o Village Khakhaliya Kheda, Near Railway Station, Kuwanriya
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. Regional Officer NHAI-120, Janpath, Shyam Nagar, Jaipur (raj.)
302019
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-Rajsamand, District Rajsamand
(Raj.)
4. Project Director NHAI, Project Implementation Unit, 6-A-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
(8 of 9)
[ CW-4324/2017]
S.B. Civil Writ Petition No. 4338 / 2017
Arjun Lal Paliwal S/o Bhanwar Lal Ji,, Aged About 60 Years,
Resident of Sadar Kankroli, Dhoinda, 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. Regional Office NHAI-120, Janpath, Shyam Nagar, Jaipur (raj.)
302019
3. The Prescribed Authority (land Acquisition and Additional
District Magistrate), Collectrate-rajsamand, District-rajsamand,
(raj.)
4. Project Director NHAI, Project Implementation Unit, 6-a-1, R.C.
Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 4339 / 2017
1. Kailashpuri Son of Mohanpuri,, Aged About 57 Years
2. Rukmanibai D/o Mahanpuri, Aged About 54 Years, All Resident
of Village- Kunwaria, Tehsil- Dist- Rajsamand (Raj.)
----Petitioners
Versus
1. Union of India Through the Cabinet Secretary,, Cabinet
Secretrate Govt. of India, New Delhi- 110004
2. The National Highway Authority of India, Through Chairman,,
G-5&6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate),, Collectrate- Rajsamand, District Rajsamand,
(Raj.).
4. Project Director NHAI,, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
_____________________________________________________
(9 of 9)
[ CW-4324/2017]
For Petitioner(s) : Mr. S.S. Sisodia.
For Respondent(s) : Mr. Vinit Sanadhya.
_____________________________________________________
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 12/05/2017 It is submitted by learned counsel for the parties that the issue raised in these writ petitions is squarely covered by the judgment of this Court in Man Singh & Ors. vs. UOI & Ors. :
SBCWP No.13158/2016 decided on 27.3.2017.
It is submitted that these writ petitions may also be decided in the light of similar directions as given in the case of Man Singh (supra).
The writ petition in the case of Man Singh (supra) was decided with the following directions :-
"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."
In view of the submissions made, the writ petitions filed by the petitioners are disposed of with similar directions as given in the case of Man Singh (supra) as reproduced herein-before.
(ARUN BHANSALI)J. Rm/259 to 274