Allahabad High Court
Basmati Devi And 4 Others vs National Highways Authority Of India ... on 1 April, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:55243-DB Court No. - 21 Case :- WRIT - C No. - 10545 of 2024 Petitioner :- Basmati Devi And 4 Others Respondent :- National Highways Authority Of India Through Its Project And 2 Others Counsel for Petitioner :- C.S.C.,Gaurav Tiwari,Pranjal Mehrotra,Prashant Sharma Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. It is contended by learned counsel for the petitioners that petitioners' land was acquired by NHAI and an award was also made. The petitioners have received compensation but the rehabilitation and resettlement award has not been made as per the Second Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners have, therefore, prayed for a mandamus to the respondents to make rehabilitation and resettlement award as per provisions of the Act, 2013.
2. Learned counsel for the petitioners submits that the claim of the petitioners is similar to the one raised in Writ C No.2782 of 2023 (Ashok Kumar and 8 others vs. National Highway Authority of India and 3 others), which was disposed of by this Court, by order dated 24.2.2023 in terms of the order passed in Writ C No.21601 of 2022 (Ranvir Singh and 35 others vs. National Highway Authority of India and Competent Authority For Land Acquisition and Others). The operative part of the order passed in Writ C No.2782 of 2023 (Ashok Kumar and 8 others vs. National Highway Authority of India and 3 others), dated 24.2.2023 is as follows :-
"9. Lastly the writ petitions have been disposed of with the following directions:-
"For the above, without entering into the merits of the claim of the petitioner, it is directed that the competent authority under the National Highways Act, 1956 shall prepare a proposal for the rehabilitation and resettlement award for affected families, within the meaning of Section 3(c) of the Act, 2013, in terms of the entitlements provided in the Second Schedule, with the assistance of the officers of the NHAI and submit the same before the Collector for making award in accordance with the provisions of Section 31 of the RECTLARR Act, 2013.
For preparation of the said proposal, the competent authority shall make necessary enquiry as per the provisions of the Sections 34, 35 and 36 of the RECTLARR Act, 2013 as contained in Chapter V of the Act, 2013, i.e before preparation of the rehabilitation and resettlement award, in relation to the acquisition in question.
It goes without saying that the representatives of the National Highways Authority and the affected tenure holders are entitled to participate in the proceedings for preparation of the award. The claim of the petitioners herein for the entitlements under the Second Schedule at serial no. (1) for provision of housing unit in case of displacement; serial no. (4) choice of annuity and employment and serial no. (10), one time resettlement allowance, shall be specifically considered by the competent authority in making such an award.
The entire exercise shall be completed, as expeditious as possible, preferably, within a period of six months from the date of receipt of copy of this order.
We may make it clear that, at this stage, no direction has been given for providing benefits of Third Schedule as no such demand has been raised by the petitioners herein.
In any case, while making such an award, independent consideration shall be given to the elements of rehabilitation and resettlement entitlements for the affected families provided in the Second Schedule, without being influenced by any of the observations made hereinabove."
10. The petitioners herein are similarly situated and, therefore, are entitled for the same relief.
11. The present writ petition is, accordingly, disposed of. "
3. It is submitted that the instant petition be also disposed of in same terms.
4. Shri Mahendra Pratap, learned counsel appearing on behalf of NHAI and Shri Rajiv Gupta, learned Additional Chief Standing Counsel do not dispute that the claim of the petitioners is identical and they have no objection in case, the instant petition is also disposed of in same terms.
5. Accordingly, the instant petition is disposed of in terms of the order quoted above.
Order Date :- 1.4.2024 Jyotsana (Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.)