Rajasthan High Court - Jodhpur
Mangi Lal vs Union Of India & Ors on 9 April, 2018
Author: Sandeep Mehta
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 8750 / 2017
Kewal Ram Patel S/o Bhola Ram, Caste - Patel Resident of Mogra
Kala, Tehsil and District - Jodhpur.
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 10215 / 2017
Narendra Choudhary S/o Late Ram Ratan Choudhary, Caste-
Choudhary, Resident Of- 9, First Polo Groung, Paota, Jodhpur
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector- 10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector- III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
(2 of 9)
[CW-8750/2017]
S.B. Civil Writ Petition No. 8744 / 2017
M/s Lalji Handicraft Firm At Village - Kuri Bhagtasani, Tehsil-
Jodhpur, District - Jodhpur Through Its Partner Ram Prakash
Singhal S/o Hari Kishan Singhal, Caste- Agarwal, Resident of
Hariram Bhawan, Ummed Palace Road, Jodhpur.
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8748 / 2017
1. M/s Singhal Experts Firm At Village - Kuri Bhagtasani, Tehsil-
Jodhpur, District- Jodhpur Through Its Partner Amit Singhal S/o
Ram Prakash Singhal, Cast - Agarwal, Resident of Hariram
Bhawan, Ummed Palace Road, Jodhpur.
2. Smt. Bela Singhal W/o Sunil Singhal, Partner, M/s Singhal
Exports Firm At Village Kuri Bhagtasani, Tehsil- Jodhpur, District-
Jodhpur, Caste - Agarwal, Resident of - Hariram Bhawan, Ummed
Palace Road, Jodhpur.
----Petitioners
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
(3 of 9)
[CW-8750/2017]
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 8749 / 2017
Kewal Ram Patel S/o Bhola Ram, Caste- Patel, Resident of Mogra
Kala, Tehsil and District - Jodhpur.
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9227 / 2017
Lala Ram S/o Purkha Ram, Caste- Patel, Resident Of- Village-
Mogra Kala, Tehsil- Luni, District- Jodhpur.
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India G 5 and 6, Sector- 10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector- III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
(4 of 9)
[CW-8750/2017]
----Respondents
S.B. Civil Writ Petition No. 9229 / 2017
Mangi Lal S/o Hera Ram, Aged About 45 Years, Caste Patel,
Resident of Village Mogra, Tehsil Luni, District- Jodhpur.
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi - 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9230 / 2017
1. Kamla Devi W/o Yogendra Kumar, Caste- Agarwal, Resident Of-
60, Nehru Park, Jodhpur.
2. Anil Kumar Agarwal S/o Yogendra Kumar Agarwal, Caste-
Agarwal, Resident Of- 60, Nehru Park, Jodhpur.
3. Indubala W/o Anil Kumar Agarwal, Caste- Agarwal, Resident Of-
60, Nehru Park, Jodhpur.
4. Anita Gupta W/o Gopal Lal Gupta, Caste- Agarwal, Resident Of-
60, Nehru Park, Jodhpur.
5. Shruti Agarwal D/o Anil Kumar Agarwal, Caste- Agarwal,
Resident Of- 60, Nehru Park, Jodhpur.
6. Vipul Agarwal S/o Anil Kumar Agarwal, Caste- Agarwal,
Resident Of- 60, Nehru Park, Jodhpur.
----Petitioners
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
(5 of 9)
[CW-8750/2017]
Government of India, G 5 and 6, Sector- 10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector- III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 9277 / 2017
1. Anil Kumar Agarwal S/o Yogendra Kumar Agarwal, Aged About
47 Years, Caste- Agarwal, Resident Of- 60, Nehru Park, Jodhpur.
2. Kamla Devi W/o Yogendra Kumar, Aged About 75 Years, Caste-
Agarwal, Resident Of- 60, Nehru Park, Jodhpur.
3. Anita Gupta D/o Yogendra Kumar Agarwal, Aged About 37
Years, Caste- Agarwal, Resident Of- 60, Nehru Park, Jodhpur.
----Petitioners
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
Parliament Street, New Delhi- 110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector- 10, Dwarka, New Delhi-
110075.
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector- III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10214 / 2017
Narendra Choudhary S/o Late Ram Ratan Choudhary, Caste-
Choudhary, Resident Of- 9, First Polo Ground, Paota, Jodhpur
----Petitioner
Versus
1. Union of India Through the Secretary, Ministry of Road
Transport and Highway, Government of India, Transport Bhawan 1,
(6 of 9)
[CW-8750/2017]
Parliament Street, New Delhi-110001.
2. National Highway Authority of India Through the Chairman,
Government of India, G 5 and 6, Sector-10, Dwarka, New Delhi-
110075
3. The Chief Engineer (National Highway), Public Works
Department, Government of Rajasthan, Jaipur.
4. Land Acquisition Officer Cum Additional District Collector-III,
Jodhpur, Opposite Rajasthan High Court Campus, District Jodhpur,
Rajasthan.
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Kshamendra Mathur.
For Respondent(s) : Mr. Mukesh Dave, Dy. GC
Mr. Ankur Mathur, Mr. B.P. Bohra.
Mr. B.L. Bishnoi, Mr. Mahesh Thanvi.
_____________________________________________________
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order 09/04/2018 The instant bunch of writ petitions which involve a common controversy is being decided by this single order.
Learned counsel for the parties state that the controversy involved in the cases at hand is squarely covered by the judgment rendered by a Coordinate Bench of this Court in the case of Man Singh & Ors. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016) decided on 27.03.2017, wherein this Court held as below:-
"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 (7 of 9) [CW-8750/2017] (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, reincorporated 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 31st of December,2014 but compensation in respect of majority of (8 of 9) [CW-8750/2017] 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 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 redetermined 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 counsel thus submit that these writ petitions may also be decided in light of the aforesaid judgment.
Accordingly, these writ petitions are disposed of directing the respondents to redetermine the quantum of compensation payable to the petitioners in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Requisite exercise in this direction shall be completed within a period of three months from the receipt of certified copy of this order.
The Notification No.NH-11011/30/2015-LA issued by the Ministry of Road Transport & Highways shall be kept in mind while redetermining the compensation payable to the concerned land holder. The petitioners, if they so desired, may submit (9 of 9) [CW-8750/2017] representation/s to the competent authority on the aspect of re- determination of the compensation and it is expected that such representation/s shall be considered objectively and as per law while quantifying the revised compensation.
With these observations and directions, the writ petitions as well as stay applications are disposed of.
A copy of this order be placed in each file.
(SANDEEP MEHTA), J.
Tikam/138, 139 to 147