Rajasthan High Court - Jodhpur
Ratan Lal vs Union Of India & Ors on 23 November, 2017
Author: Vijay Bishnoi
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14931 / 2017
Kishor Singh S/o Vasu Singh, Aged About 70 Years, Resident of
Village - Lambodi, Tehsil Gadhbor (Kumbhal Gadh) & 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&6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand, District
Rajsamand, (Raj.).
4. Zonal Officer and Project Director, Ministry of Road and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
CONNECTED WITH
S.B. Civil Writ Petition No. 14984 / 2017
1. Nirmala Devi W/o Prakashchand Paliwal, Aged About 48
Years
2. Chamanlal S/o Deva Gujjar, Aged About 60 Years, Both
Resident of Village- Devpuriya, Tehsil & 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.)
(2 of 10)
[CW-14931/2017]
4. Project Director NHAI, Project Implementation Unit,
Panchwati, Udaipur 313001
----Respondents
S.B. Civil Writ Petition No. 15043 / 2017
Bhimraj S/o Augadmal Mahajan, Aged About 59 Years, Resident of
Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & 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&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand, District-
Rajsamand (Raj.).
4. Zonal Officer and Project Director, Ministry of Road and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 15044 / 2017
Banshilal S/o Varda Gujjar, Aged About 53 Years, Resident of
Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & 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&6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand, District
Rajsamand, (Raj.).
4. Zonal Officer and Project Director, Ministry of Raod and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
(3 of 10)
[CW-14931/2017]
S.B. Civil Writ Petition No. 15045 / 2017
1. Fateh Lal S/o Chagan Lal, Aged About 60 Years
2. Mangi Lal S/o Chaggan Lal, Aged About 55 Years
3. Dhanshver S/o Vanechand;, Aged About 55 Years,
All Resident of Village- Lambodi, Tehsil Gadhbor (Kumbhal
Garh) & 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. Zonal Officer and Project Director, Ministry of Road and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 15046 / 2017
Ratanlal Son of Bhimraj Khatik, Aged About 48 Years, Resident of
Village- Devpuriya, Tehsil & 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&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand (Raj.).
4. Project Director NHAI, Project Implementation Unit,
Panchwati, Udaipur.
----Respondents
(4 of 10)
[CW-14931/2017]
S.B. Civil Writ Petition No. 15047 / 2017
Anchi Bai W/o Late Dharmchand, Aged About 57 Years, Resident
of Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & 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&6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand, District
Rajsamand, (Raj.).
4. Zonal Officer and Project Director, Ministry of Road and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 15048 / 2017
Bhanwarlal S/o Choggalal, Aged About 70 Years, Resident of
Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & 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&6, Sector-10, Dwarka New Delhi
3. The Prescribed Authority (Land Acquisition and Additional
District Magistrate), Collectrate- Rajsamand, District-
Rajsamand (Raj.).
4. Zonal Officer and Project Director, Ministry of Road and
Transport, D.C.M., Ajmer Road, Jaipur.
----Respondents
(5 of 10)
[CW-14931/2017]
S.B. Civil Writ Petition No. 15049 / 2017
1. Bherulal S/o Modilal, Aged About 35 Years
2. Prakash Chand S/o Modilal, Aged About 38 Years
3. Sushila D/o Modilal, Aged About 35 Years
4. Shanta D/o Modilal, Aged About 27 Years
5. Manju D/o Modilal, Aged About 24 Years
6. Virendra S/o Premilal, Aged About 35 Years
7. Ashish S/o Premilal, Aged About 31 Years
8. Krishna S/o Premilal, Aged About 30 Years
9. Ranu D/o Premilal, Aged About 25 Years
10. Pramila W/o Late Premilal, Aged About 51 Years, All Resident
of Village- Devpuriya, Tehsil & 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 Collector and Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. Project Director NHAI, Project Implementation Unit,
Panchwati, Udaipur.
----Respondents
S.B. Civil Writ Petition No. 15050 / 2017
Manju Devi W/o Kanihyalal Sanadhay, Aged About 48 Years,
Resident of Village- Devpuriya, Tehsil & 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
(6 of 10)
[CW-14931/2017]
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,
Panchwati, Udaipur 313001
----Respondents
S.B. Civil Writ Petition No. 15075 / 2017
1. Hiralal S/o Shankarlal, Aged About 35 Years
2. Himmatlal S/o Shankarlal, Aged About 32 Years
3. Hejabai W/o Late Shankarlal, Aged About 55 Years
4. Bholiram S/o Kashna, Aged About 60 Years
5. Narayanlal S/o Kashna, Aged About 48 Years, All Resident of
Village- Devpuriya, Tehsil & 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. 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,
Panchwati, Udaipur 313001
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. S.S. Sisodia
For Respondent(s) : Mr. Vinit Sanadhya
_____________________________________________________
(7 of 10)
[CW-14931/2017]
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 23/11/2017 Learned counsel for the petitioners has submitted that the controversy involved in these writ petitions are squarely covered by the decision of a Coordinate Bench of this Court rendered in Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016) decided on 27.03.2017.
Issue Notice.
Mr. Vinit Sanadhya is directed to accepts notices on behalf of the respondents-NHAI.
Mr. Vinit Sanadhya is not in a position to dispute the fact that the controversy involved in these writ petitions are squarely covered by the decision of a Coordinate Bench of this Court rendered in Man Singh's case (supra).
A Coordinate Bench of this Court in the case of Man Singh (supra) has passed the following decision :-
"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 (8 of 10) [CW-14931/2017] 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 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 31 st 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 31 st of December, 2014, all the beneficiaries shall be entitled to (9 of 10) [CW-14931/2017] 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 sub-section (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."
Learned counsels for the parties have submitted that in the present cases also the award has been passed after 31.12.2014 and therefore, the present cases are also governed by the decision referred above.
Heard learned counsel for the parties. In view of the above submissions made by learned counsels for the parties, these writ petitions are disposed of in terms of the order dated 27.03.2017 passed by a Coordinate Bench of this Court rendered in Man Singh's case (supra).
Stay petitions also stand disposed of.
(VIJAY BISHNOI)J. Abhishek Kumar S.Nos.80 & 82 (10 of 10) [CW-14931/2017] S.Nos.84 to 91, 93