Rajasthan High Court - Jodhpur
Uda vs Union Of India on 13 December, 2018
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 17917/2018
1. Mahaveer S/o Shri Roshan Lal, Aged About 46 Years,
2. Dhan Raj S/o Shri Roshan Lal, Aged About 36 Years,
3. Mst. Ladi Bai W/o Shri Roshan Lal, Aged About 65 Years,
All are Residents Of Village Bheem, Tehsil Bheem, 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 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
Connected With
S.B. Civil Writ No. 17925/2018
1. Devilal S/o Meethalal, Aged About 52 Years,
2. Gyaneshwar Kumar S/o Meethalal, Aged About 50 Years,
Both Resident Of Village Mada Ki Bassi, Tehsil Deogarh,
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
(2 of 21) [CW-17917/2018]
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
S.B. Civil Writ No. 17926/2018
1. Babu Lal S/o Shri Narayanji, Aged About 43 Years, R/o
74, Ward No. 8, Nathuwas, Near National Highway,
Nathdwara, District Rajsamand- (Raj.).
2. Keval S/o Heeraji Meena, Aged About 71 Years, R/o
Behind Dharamraj Temple, Nathuwas Nathdwara, 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
Chariman, 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,
Panchwati, Udaipur.
----Respondents
S.B. Civil Writ No. 17927/2018
Mohammed Ali S/o Shri Naseer Marediya, Aged About 51 Years,
Village Darada, Tehsil Deogarh, 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
(3 of 21) [CW-17917/2018]
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
S.B. Civil Writ No. 17929/2018
Mahaveer S/o Shri Roshan Lal, Aged About 46 Years, Resident Of
Village Bheem, Tehsil Bheem, 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
S.B. Civil Writ No. 17930/2018
Shambhu Singh S/o Shri Bhanwar Singh, Aged About 59 Years,
Village Mada Ki Bassi, Tehsil Deogarh, 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
(4 of 21) [CW-17917/2018]
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. 17931/2018
Uda S/o Shri Pratha Balai, Aged About 65 Years, Village
Amartiya, Tehsil Gadhbore, 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. The Zonal Officer And Project Director, Zonal Officer,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17932/2018
Shankar Singh S/o Shri Bheru Singh, Aged About 60 Years,
Resident Of Village Sunarkudi, Tehsil Bheem, 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.).
(5 of 21) [CW-17917/2018]
4. The Zonal Officer And Project Director, Zonal Officer,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17934/2018
1. Mahaveer S/o Shri Roshan Lal, Age 46 Years,
2. Dhan Raj S/o Shri Roshan Lal, Age 36 Years,
3. Mukesh S/o Shri Roshan Lal,, Age 31 Years,
4. Mst. Ladi Bai W/o Shri Roshan Lal, Age 65 Years,
5. Smt.Pista D/o Shri Roshan Lal,, Age 50 Years,
All are Residents Of Village Bheem, Tehsil Bheem, 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 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 Highway, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17940/2018
Sampat Lal S/o Rang Lal, Aged About 58 Years, Resident Of
Village Lambodi, Tehsil Gadhbore, 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
(6 of 21) [CW-17917/2018]
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
S.B. Civil Writ No. 17942/2018
Bakhtawar Mal Jain S/o Shri Nathmal Mahajan, Aged About 80
Years, Resident Of Village Lambodi, Tehsil Gadhbore, 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. The Zonal Officer And Project Director, Zonal Officer,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17944/2018
Mangi Lal Kothari S/o Shri Rang Lal, Aged About 81 Years, R/o
Village Bheem, Tehsil Bheem, 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.
(7 of 21) [CW-17917/2018]
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
S.B. Civil Writ No. 17980/2018
Madanlal S/o Naru Bheel Bhil, Aged About 46 Years, r/o
Nathuwas, Choraha 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 And
Additional District Magistrate), Collectrate-Rajsamand,
District Rajsamand (Raj.)
4. Project Director Nhai, Project Implementation Unit, 6-A-
1, R.c. Vyas Colony, Udaipur 311001
----Respondents
S.B. Civil Writ No. 18076/2018
1. Ashok Singh S/o Shri Kalu Singh, Aged About 36
Years,
2. Bhagwat Singh Solanki S/o Shri Kalu Singh, Aged
About 53 Years,
Both resident of Village Tadawada Solankiyan, Tehsil
Gadhbore, 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
(8 of 21) [CW-17917/2018]
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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 18083/2018
1. Dharmlal @ Dharmchand S/o Shri Naru Ji, Aged About
44 Years,
2. Mohini Bai W/o Late Shri Chaggan Lal, Aged About 62
Years,
Both resident of Village Tadawada Solankiyan, Tehsil
Gadhbore, Dist. - Rajsamand (Raj.).
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan - 1Parliament 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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 18085/2018
1. Rupa S/o Shri Dudaji, Aged About 70 Years,
2. Deva S/o Shri Dudaji,, Aged About 64 Years,
(9 of 21) [CW-17917/2018]
3. Asu S/o Shri Dudaji,, Aged About 60 Years,
All are residents of Village Dharada, Tehsil Deogarh,
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 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. 18087/2018
Devilal S/o Shri Suda Gurjar, Aged About 65 Years, Resident
Of Village Lambodi, Tehsil Gadhbore, Dist. - Rajsamand
(Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport
And Highway, Government Of India, Through
Secretary, Transport Bhawan - 1Parliament 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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
(10 of 21) [CW-17917/2018]
S.B. Civil Writ No. 18088/2018
1. Kamlesh Kumar S/o Shri Hastimal Ji, Aged About 35
Years,
2. Sukhi Bai W/o Widow Of Shri Hastimal Ji,, Aged
About 68 Years,
Both are residents of Village Lambodi, Tehsil
Gadhbore, 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 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. 18090/2018
Dharmchand S/o Shri Nathu Gurjar, Aged About 38 Years,
Resident Of Village Amartiya, Tehsil Gadhbor, Dist. -
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport
And Highway, Government Of India, Through
Secretary, Transport Bhawan - 1Parliament Street, New
Delhi - 110001
2. The National Highway Authority Of India, Through
Chairman, G- 5 And 6, Sector - 10, Dwarka New
3. The Prescribed Authority (Land Acquisition), Additional
(11 of 21) [CW-17917/2018]
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. 18091/2018
Modilal Bapna S/o Shri Devilal, Aged About 62 Years,
Resident Of Flat No. 2, Saptarshi Building, 1St Floor, Daftary
Road, Above Milan Hotel, Mumbai (Maharashtra). Malad (E)
400097
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport
And Highway, Government Of India, Through
Secretary, Transport Bhawan - 1Parliament 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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 18092/2018
Ram Lal Gurjar S/o Shri Hajari Lal, Aged About 67 Years,
Village Amartiya, Tehsil Gadhbore, 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
(12 of 21) [CW-17917/2018]
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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur
----Respondents
S.B. Civil Writ No. 18333/2018
1. Chaganlal S/o Shri Shankerlal Regar, Aged About 58
Years,
2. Kanaihyalal S/o Idanaram Regar, Aged About 40 Years,
3. Bhagwanlal S/o Akharam Regar, Aged About 60 Years,
All petitioners Resident Of Village - Sadak Ka Badiya,
Miyala, Tehsil - Devgarh, 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, Though
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. Zonal Officer And Project Director, Zonal Office Nhai
Ministrial, D.c.m. Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17662/2018
1. Logar Lal S/o Shri Devi Lal, Aged About 73 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
2. Kalu Lal S/o Shri Vagta Ram,, Aged About 62 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
(13 of 21) [CW-17917/2018]
3. Raju @ Rajmal S/o Shri Vagta,, Aged About 52 Years,
R/o Village Majera, Tehsil Nathdwara, District
Rajsamand.
4. Rup Lal S/o Shri Vagtaji,, Aged About 38 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
5. Duda Ram S/o Shri Vagtaji,, Aged About 34 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
6. Dhanni Bai W/o Shri Vagtaji,, Aged About 80 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
7. Dola Dangi S/o Shri Devaji,, Aged About 73 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
8. Magni Bai W/o Shri Kesu Lal,, Aged About 68 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
9. Ramesh Patel S/o Shri Kesu Lal,, Aged About 36 Years,
R/o Village Majera, Tehsil Nathdwara, District
Rajsamand.
10. Ganga S/o Shri Devaji,, Aged About 78 Years, R/o
Village Majera, Tehsil Nathdwara, District Rajsamand.
11. Babu Lal S/o Keshaji,, Aged About 38 Years, R/o Village
Majera, Tehsil Nathdwara, District Rajsamand.
12. Kala D/o Shri Keshaji,, Aged About 33 Years, R/o Village
Majera, Tehsil Nathdwara, 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 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,
Panchwati, Udaipur.
----Respondents
S.B. Civil Writ No. 17664/2018
(14 of 21) [CW-17917/2018]
Mangi Lal S/o Shri Rang Lal, Aged About 81 Years, R/o
Kesariya Nath Mandir Marg, Nichla Bazar, Village Sadaran,
Tehsil Bheem, District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Hrough 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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 17666/2018
Aasita Bhatiya W/o Shri Bhagwan Das, Aged About 47
Years, R/o Village Bheem, Tehsil Bheem, 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 Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
(15 of 21) [CW-17917/2018]
S.B. Civil Writ No. 17675/2018
1. Mahaveer S/o Shri Roshan Lal, Aged About 46
Years, R/o Village Baloton Ki Ganwar, Tehsil Bheem,
District Rajsamand.
2. Dhan Raj S/o Shri Roshan Lal,, Aged About 36
Years, R/o Village Baloton Ki Ganwar, Tehsil Bheem,
District Rajsamand.
3. Pawan Kumar S/o Shri Roshan Lal,, Aged About 39
Years, R/o Village Baloton Ki Ganwar, Tehsil Bheem,
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 Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New
Delhi.
3. The Presribed 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. 17676/2018
Madhu Nath S/o Shri Hem Nath, Aged About 60 Years, B/c
Nath, R/o Village Mada Ki Bassi, Tehsil Deogarh, 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,
(16 of 21) [CW-17917/2018]
New Delhi- 110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Presribed 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. 17941/2018
Vivek Paliwal S/o Shri Ramakant Paliwal, Aged About 29
Years, R/o Village Jawad, Tehsil Rajsamand, 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,
6-A-1, R.c. Vyas Colony, Bhilwara 311001.
----Respondents
S.B. Civil Writ No. 18520/2018
Bhairu Singh S/o Shri Lumb Singh, Aged About 72 Years,
Village Nandawat, Tehsil Bhim, Dist- Rajsamand (Raj)
----Petitioner
Versus
(17 of 21) [CW-17917/2018]
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
Office, Ministry Of Road And Transport And
Highways, D.c.m. Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 18525/2018
1. Hitendra B. Jain S/o Shri Bhawarlal Jain, Aged
About 39 Years, Village Lambodi, Tehsil Gadhbore,
District Rajsamand.
2. Sunil B. Jain S/o Shri Bhawarlal Jain, Aged About 42
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
3. Kailashdevi W/o Shri Bhawarlal Jain, Aged About 60
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
4. Fancy Vimla D/o Shri Bhawarlal Jain, Aged About 37
Years, Village Lambodi, Tehsil Gadhbore, 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 Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New
Delhi.
3. The Prescribed Authority (Land Acquisition),
(18 of 21) [CW-17917/2018]
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. 18528/2018
Nathi Bai W/o Shri Dhanraj Khatik, Aged About 54 Years,
Resident Of Village Bansa, Tehsil Gadhbore, Tehsil
Gandhbore, Dist.- Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of Indian, 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 Office,
Ministry Of Road And Transport And Highway, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Civil Writ No. 18522/2018
Keshulal S/o Shri Champalal Mahajan, Aged About 73 Years,
Village Lambodi, Tehsil Gadhbore, 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
(19 of 21) [CW-17917/2018]
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. The Zonal Officer And Project Officer, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
For Petitioner(s) : Mr.Swaroop Singh Sisodia, Adv.
For Respondent(s) : Mr.Sanjeet Purohit, Adv. with
Mr.Keshav Pareek, Adv.
Mr.Tushar Mohd. on behalf of
Mr.Vinit Sanadhaya, Adv.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order 13/12/2018 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 (20 of 21) [CW-17917/2018] 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 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 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 (21 of 21) [CW-17917/2018] 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 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 145 to 157, 159 to 166, 208 to 216 & S-262 -NK/-
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