Allowed

Fateh Lal and Ors. v. Union of India and Ors.

Rajasthan HC23 Nov 2017CW/15045/2017

Case brief

AI extract

What is this about?

The High Court disposed of batched writ petitions concerning land acquisition compensation by relying on a prior Coordinate Bench decision. The court directed respondents to re-determine compensation in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

What did the court decide?

Direction to respondents to re-determine compensation payable to petitioners in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation an

Fateh Lal and Ors. Vs Union of India and Ors. — Land Acquisition | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 14931 / 2017

¶3

Kishor Singh S/o Vasu Singh, Aged About 70 Years, Resident of Village - Lambodi, Tehsil Gadhbor (Kumbhal Gadh) & DistRajsamand (Raj.).

¶4

----Petitioner

¶5

Versus

¶6

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan- 1 Parliament Street, New Delhi- 110001

¶7

The National Highway Authority of India, Through Chairman, G-5&6, Sector- 10, Dwarka New Delhi.

¶8

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand, (Raj.).

¶9

Zonal Officer and Project Director, Ministry of Road and Transport, D.C.M., Ajmer Road, Jaipur.

¶10

----Respondents

¶11

CONNECTED WITH

¶12

S.B. Civil Writ Petition No. 14984 / 2017

¶13

Nirmala Devi W/o Prakashchand Paliwal, Aged About 48 Years

¶14

Chamanlal S/o Deva Gujjar, Aged About 60 Years, Both Resident of Village- Devpuriya, Tehsil & Dist. Rajsamand (Raj.).

¶15

----Petitioners

¶16

Versus

¶17

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶18

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi.

¶19

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand (Raj.)

¶20

(2 of 10)

¶21

[CW-14931/2017]

¶22

Project Director NHAI, Project Implementation Unit, Panchwati, Udaipur 313001

¶23

----Respondents

¶24

S.B. Civil Writ Petition No. 15043 / 2017

¶25

Bhimraj S/o Augadmal Mahajan, Aged About 59 Years, Resident of Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & DistRajsamand (Raj.).

¶26

----Petitioner

¶27

Versus

¶28

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶29

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi

¶30

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, DistrictRajsamand (Raj.).

¶31

Zonal Officer and Project Director, Ministry of Road and Transport, D.C.M., Ajmer Road, Jaipur.

¶32

----Respondents

¶33

S.B. Civil Writ Petition No. 15044 / 2017

¶34

Banshilal S/o Varda Gujjar, Aged About 53 Years, Resident of Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & DistRajsamand (Raj.).

¶35

----Petitioner

¶36

Versus

¶37

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan- 1, Parliament Street, New Delhi- 110001.

¶38

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi.

¶39

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand, (Raj.).

¶40

Zonal Officer and Project Director, Ministry of Raod and Transport, D.C.M., Ajmer Road, Jaipur.

----Respondents

(3 of 10)

[CW-14931/2017]

S.B. Civil Writ Petition No. 15045 / 2017

¶45

Fateh Lal S/o Chagan Lal, Aged About 60 Years

¶46

Mangi Lal S/o Chaggan Lal, Aged About 55 Years

¶47

Dhanshver S/o Vanechand;, Aged About 55 Years, All Resident of Village- Lambodi, Tehsil Gadhbor (Kumbhal Garh) & Dist.- Rajsamand (Raj.).

¶48

----Petitioners

¶49

Versus

¶50

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶51

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi

¶52

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, DistrictRajsamand (Raj.).

¶53

Zonal Officer and Project Director, Ministry of Road and Transport, D.C.M., Ajmer Road, Jaipur.

¶54

----Respondents

¶55

S.B. Civil Writ Petition No. 15046 / 2017

¶56

Ratanlal Son of Bhimraj Khatik, Aged About 48 Years, Resident of Village- Devpuriya, Tehsil & Dist- Rajsamand (Raj.).

¶57

----Petitioner

¶58

Versus

¶59

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶60

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi

¶61

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand (Raj.).

¶62

Project Director NHAI, Project Implementation Unit, Panchwati, Udaipur.

----Respondents

(4 of 10)

[CW-14931/2017]

S.B. Civil Writ Petition No. 15047 / 2017

¶67

Anchi Bai W/o Late Dharmchand, Aged About 57 Years, Resident of Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & DistRajsamand (Raj.).

¶68

----Petitioner

¶69

Versus

¶70

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan- 1, Parliament Street, New Delhi- 110001.

¶71

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi.

¶72

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand, (Raj.).

¶73

Zonal Officer and Project Director, Ministry of Road and Transport, D.C.M., Ajmer Road, Jaipur.

¶74

----Respondents

¶75

S.B. Civil Writ Petition No. 15048 / 2017

¶76

Bhanwarlal S/o Choggalal, Aged About 70 Years, Resident of Village- Lambodi, Tehsil Gadhbor (KumbhalGadh) & DistRajsamand (Raj.).

¶77

----Petitioner

¶78

Versus

¶79

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶80

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi

¶81

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, DistrictRajsamand (Raj.).

¶82

Zonal Officer and Project Director, Ministry of Road and Transport, D.C.M., Ajmer Road, Jaipur.

----Respondents

(5 of 10)

[CW-14931/2017]

S.B. Civil Writ Petition No. 15049 / 2017

¶87

Bherulal S/o Modilal, Aged About 35 Years

¶88

Prakash Chand S/o Modilal, Aged About 38 Years

¶89

Sushila D/o Modilal, Aged About 35 Years

¶90

Shanta D/o Modilal, Aged About 27 Years

¶91

Manju D/o Modilal, Aged About 24 Years

¶92

Virendra S/o Premilal, Aged About 35 Years

¶93

Ashish S/o Premilal, Aged About 31 Years

¶94

Krishna S/o Premilal, Aged About 30 Years

¶95

Ranu D/o Premilal, Aged About 25 Years

¶96

Pramila W/o Late Premilal, Aged About 51 Years, All Resident of Village- Devpuriya, Tehsil & Dist- Rajsamand (Raj.).

¶97

----Petitioners

¶98

Versus

¶99

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan- 1, Parliament Street, New Delhi- 110001.

¶100

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi.

¶101

The Prescribed Authority (Land Acquisition) and Additional District Collector and Additional District Magistrate, Collectrate- Rajsamand (Raj.).

¶102

Project Director NHAI, Project Implementation Unit, Panchwati, Udaipur.

¶103

----Respondents

¶104

S.B. Civil Writ Petition No. 15050 / 2017

¶105

Manju Devi W/o Kanihyalal Sanadhay, Aged About 48 Years, Resident of Village- Devpuriya, Tehsil & Dist- Rajsamand (Raj.).

¶106

----Petitioner

¶107

Versus

¶108

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶109

(6 of 10)

¶110

[CW-14931/2017]

¶111

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi

¶112

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, DistrictRajsamand (Raj.).

¶113

Project Director NHAI, Project Implementation Unit, Panchwati, Udaipur 313001

¶114

----Respondents S.B. Civil Writ Petition No. 15075 / 2017

¶115

Hiralal S/o Shankarlal, Aged About 35 Years

¶116

Himmatlal S/o Shankarlal, Aged About 32 Years

¶117

Hejabai W/o Late Shankarlal, Aged About 55 Years

¶118

Bholiram S/o Kashna, Aged About 60 Years

¶119

Narayanlal S/o Kashna, Aged About 48 Years, All Resident of Village- Devpuriya, Tehsil & District- Rajsamand (Raj.).

¶120

----Petitioners

¶121

Versus

¶122

Union of India Through Ministry of Road, Transport and Highway, Government of India, Through Secretary, Transport Bhawan-1 Parliament Street, New Delhi-110001

¶123

The National Highway Authority of India, Through Chairman, G-5&6, Sector-10, Dwarka New Delhi.

¶124

The Prescribed Authority (Land Acquisition and Additional District Magistrate), Collectrate- Rajsamand, DistrictRajsamand (Raj.).

¶125

Project Director NHAI, Project Implementation Unit, Panchwati, Udaipur 313001

¶126

----Respondents

¶127

For Petitioner(s) : Mr. S.S. Sisodia

¶128

For Respondent(s) : Mr. Vinit Sanadhya

¶129

(7 of 10)

¶130

[CW-14931/2017]

¶131

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

¶132

23/11/2017

¶133

Learned counsel for the petitioners has submitted that the controversy involved in these writ petitions are squarely covered by the decision of a Coordinate Bench of this Court rendered in Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016) decided on 27.03.2017.

¶134

Issue Notice.

¶135

Mr. Vinit Sanadhya is directed to accepts notices on behalf of the respondents-NHAI.

¶136

Mr. Vinit Sanadhya is not in a position to dispute the fact that the controversy involved in these writ petitions are squarely covered by the decision of a Coordinate Bench of this Court rendered in Man Singh’s case (supra) .

¶137

A Coordinate Bench of this Court in the case of Man Singh (supra) has passed the following decision :-

¶138

“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”).

¶139

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

¶140

(8 of 10)

¶141

[CW-14931/2017]

¶142

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.

¶143

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.

¶144

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 31^st of December, 2014, was considered by the Ministry of Road Transport & Highways and vide circular dated 3^rd 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

¶145

(9 of 10)

¶146

[CW-14931/2017]

¶147

compensation in accordance with provisions of the Act of 2013.

¶148

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.

¶149

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.”

¶150

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.

¶151

Heard learned counsel for the parties.

¶152

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) .

¶153

Stay petitions also stand disposed of.

¶154

(VIJAY BISHNOI)J.

¶155

Abhishek Kumar S.Nos.80 & 82

¶156

(10 of 10)

¶157

[CW-14931/2017]

¶158

S.Nos.84 to 91, 93

Fateh Lal and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

Fateh Lal and Ors. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishan Kumar and Ors. Vs State and Ors.

M/S. Dinesh Trading Company Vs State Agriculture and Ors.

Tila Ram Dangi Vs State and Anr.

Sheoganj Coop. Marketing Society Ltd. Vs State and Ors.

Mahesh Kumar Vs Union of India and Ors.

Ramratan Agarwal Vs Union of India and Ors.