Delhi High Court - Orders
Jai Prakash vs Union Of India & Ors on 4 December, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~VC-A-2 & A-3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1375/2020
JAI PRAKASH .....Petitioner
Through: Mr. Randhir Singh Duhan, Adv.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Jagjit Singh, Adv. for R-1 &
R-3.
+ W.P.(C) 1378/2020
SUSHIL KUMAR AND ORS. .....Petitioners
Through: Mr. Randhir Singh Duhan, Adv.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Rajan Sabharwal, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 04.12.2020
[VIA VIDEO CONFERENCING]
1. The counsel for the petitioners in both these petitions states that though these petitions were filed impugning the land acquisition proceedings and the awards, dated 15th May, 2018 in W.P.(C) 1375/2020 and dated 23rd June, 2018 in W.P.(C) 1378/2020, of the respondent no. 2 Competent Authority for land acquisition for the Indian Railways, as the award for rehabilitation and resettlement had not been passed after the stipulated period of three months under Section 38 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and W.P. (C) Nos.1375/2020 & 1378/2020 Page 1 of 3 Resettlement Act, 2013 (RFCTLARR Act), and in the alternative, seeking mandamus (i) directing passing of the award for resettlement and rehabilitation as per National Rehabilitation and Resettlement Policy, 2007 and Schedule II and Schedule III as stipulated and mandated by Section 25 of the RFCTLARR Act; (ii) directing the respondents to pass a fresh award after affording an opportunity of hearing and by complying with provisions of Section 20F (3) and (4) of the Railways Act, 1989 (Railways Act) read with Section 12 and Sections 26 to 30 of the RFCTLARR Act for re-determining the amount of compensation for land as well as resettlement and rehabilitation entitlements; (iii) directing the respondents to re-determine the market value on the basis of the sales deed mentioned by the petitioners with other provisions of Section 20F(3) of the Railways Act (with 10% amount) and other parameters, with interest under Section 28 mentioned in Section 13, 26 to 30 of the RFCTLARR Act for unpaid amounts and by applying parameters with additional interest as directed by the Indian Railways guidelines and to also pay the amount of compensation for un-notified land; and (iv) directing the respondents to invite the petitioners to settle the amount of compensation under the chairmanship of Arbitrator/Collector or any officer appointed by him and for the settlement of disputes through mediation, conciliation and settlement under Section 30 of the Arbitration and Conciliation Act, 1996 in a stipulated period of time under the supervision of this court, but the counsels for the petitioners today are pressing only for passing of a resettlement and W.P. (C) Nos.1375/2020 & 1378/2020 Page 2 of 3 rehabilitation award.
2. It is contended by the counsel for the petitioners that with the application of Section 25 and Section 31 read with Section 38 of the RFCTLARR Act to the acquisition under the Railways Act, the acquisition proceedings would lapse if the resettlement and rehabilitation award is not passed.
3. The counsel for the respondents in both petitions states that they have instructions only from the Indian Railways officers impleaded as respondents no. 1 and 3 and not from the Competent Authority.
4. However, merit is found in the contention of the petitioners that the Competent Authority for land acquisition under the Railways Act is a part of the Indian Railways only.
5. The counsels for the respondents state that they will obtain instructions from all the three respondents and either file a counter affidavit within five weeks or endeavour to have the resettlement and rehabilitation award, if not already passed and if required to be passed, passed before the next date.
6. List on 12th January, 2021.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J.
DECEMBER 04, 2020 ck W.P. (C) Nos.1375/2020 & 1378/2020 Page 3 of 3