Rajasthan High Court - Jodhpur
Pyarchand & Ors 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. 14754 / 2017
1. Panna S/o Dhula, Aged About 56 Years
2. Hema D/o Dhula, Aged About 52 Years, Both Resident of
Village- Khandel, 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.).
4. Project Director NHAI, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
CONNECTED WITH
S.B. Civil Writ Petition No. 14744 / 2017
1. Pyarchand S/o Pema Salvi, Aged About 60 Years
2. Nanalal S/o Dalu Bhil, Aged About 53 Years
3. Devilal S/o Choga Salvi, Aged About 42 Years
4. Ratni D/o Bherulal Bhil, Aged About 65 Years
5. Bansilal S/o Roda Rao, Aged About 58 Years
6. Tulsiram S/o Narayan Rao, Aged About 45 Years
7. Pyarchand S/o Miyaram Jat, Aged About 60 Years
8. Badrilal S/o Dalla Jat, Aged About 53 Years
9. Girdhari S/o Roda Rao, Aged About 59 Years, All Resident of
Village - Khandel, Tehsil Railmagra, Dist- Rajsamand (Raj.).
----Petitioners
Versus
(2 of 9)
[CW-14754/2017]
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 Addittional
District Magistrate), Collectrate- Rajsamand, District
Rajsamand, (Raj.).
4. Project Director NHAI, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 14745 / 2017
Varda Son of Chatra Kharol, Aged About 86 Years, Resident of
Village- Khandel, Tehsil & 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&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, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 14746 / 2017
1. Ankur Singh S/o Dalpat Singh, Aged About 35 Years
2. Ritu Kanwar D/o Dalpat Singh, Aged About 27 Years
3. Juhi Kanwar D/o Dalpat Singh, Aged About 24 Years
4. Supriya Kanwar D/o Dalpat Singh, Aged About 19 Years
5. Indra Gaurva W/o Late Dalpat Singh, Aged About 55 Years,
All Resident of Village- Khakhliya Kheda, Tehsil & Dist-
Rajsamand (Raj.).
----Petitioners
(3 of 9)
[CW-14754/2017]
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, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 14750 / 2017
1. Prakash S/o Devilal Jat, Aged About 32 Years
2. Ratanlal S/o Hira Bhil, Aged About 42 Years
3. Kamla W/o Surajmal Bhil, Aged About 53 Years
4. Chunnilal S/o Dhanna Bhil, Aged About 55 Years
5. Nanalal S/o Chunnilal Bhil, Aged About 49 Years
6. Madanlal S/o Chunnilal Bhil, Aged About 40 Years
7. Lehru S/o Lalu Bhil, Aged About 55 Years
8. Narayan S/o Lalu Bhil, Aged About 41 Years
9. Madhav S/o Udayram Bhil, Aged About 39 Years
10. Bhanwarlal S/o Gopi Lal Lohar, Aged About 56 Years
11. Mangi Bai D/o Gopi Lal Lohar, Aged About 47 Years,
All Resident of Village- Khandel, Tehsil Railmagra, 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.
(4 of 9)
[CW-14754/2017]
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, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 14751 / 2017
1. Udi Bai W/o Mangilal Gadri, Aged About 58 Years
2. Subhash S/o Kishanlal Jat, Aged About 44 Years, Both
Resident of Village - Khandel, 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.).
4. Project Director NHAI, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 14752 / 2017
1. Badami Bai W/o Chaganlal Jat, Aged About 60 Years
2. Panna S/o Dhula, Aged About 56 Years
3. Hema D/o Dhula, Aged About 52 Years, All Resident of
Village- Khandel, 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
(5 of 9)
[CW-14754/2017]
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, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 15051 / 2017
Madhulal Son of Mangu Bhil, Aged About 39 Years, Resident of
Village- Lapsiya, Tehsil Railmagra & 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. Project Director NHAI, Project Implementation Unit, 6-A-1,
R.C. Vyas Colony, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 5685 / 2017
Narendrapal Singh, S/o Kishore Singh, Aged About 65 Years, R/o
Bhawaninagar Circle Road, Kankroli, Tehsil & Dist. Rajsamand
(Raj.)
----Petitioner
Versus
1. Union of India Through the Cabinet Secretary, Cabinet
Secretrate Govt. of India, New Delhi-110004
2. The National Highway Authority of India, Through Chairman,
G-5&6, Sector-10, Dwarka New Delhi
(6 of 9)
[CW-14754/2017]
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, Bhilwara 311001
----Respondents
S.B. Civil Writ Petition No. 10651 / 2017
Daulatram Son of Sukhlal Bhil, Aged About 56 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 No. 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), Collectorate- Rajsamand, District
Rajsamand. (Raj.)
4. Project Director NHAI, Project Implementation Unit 6-A-
Panchwati, Udaipur 311001
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. S.S. Sisodia
For Respondent(s) : Mr. Vindit Sanadhya
Mr. Sudhir Saruparia
_____________________________________________________
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order 23/11/2017 Learned counsels for the parties have submitted that the controversy involved in these writ petitions are squarely covered by the decision of a Coordinate Bench of this Court rendered in (7 of 9) [CW-14754/2017] Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016) decided on 27.03.2017.
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 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 (8 of 9) [CW-14754/2017] 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 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 (9 of 9) [CW-14754/2017] 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.69 to 75, 92 S.Nos.213 & 214