Disposed

Sumarmal Kataria and Anr. v. Union of India and Ors.

Rajasthan HC14 Sept 2017CW/4240/2017

Case brief

AI extract

What is this about?

The High Court disposed of multiple connected writ petitions concerning land acquisition compensation. Relying on a Co-ordinate Bench decision in Man Singh, the court directed respondents to re-determine compensation for land acquired under the National Highways Act, as awards were passed after the deadline of 31.12.2014, requiring application of the 2013 Act.

What did the court decide?

Directing respondents to re-determine the amount of compensation payable to the petitioners in accordance with the provisions of the Act of 2013 within three months.

Sumarmal Kataria and Anr. Vs Union of India… — Public Procurement and Tenders | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 5214 / 2017

¶3

Sweta Jain D/o Shri Padam Chand, Aged About 43 Years, By Caste Oswal, R/o 73, Nehru Park, Jodhpur.

¶4

----Petitioner

¶5

Versus

¶6

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶7

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶8

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District- Jodhpur, Rajasthan.

¶9

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶10

----Respondents

¶11

CONNECTED WITH

¶12

S.B. Civil Writ Petition No. 4240 / 2017

¶13

Sumarmal Kataria S/o Sampatraj Kataria, Aged About 60 Years, By Caste Jain, R/o Mahamandir, Jodhpur.

¶14

Lakhpat Raj Kataria S/o Sampatraj Kataria, Aged About 47 Years, By Caste Jain, R/o Dhram Narayan Ka Hatha, Paota, Jodhpur.

¶15

----Petitioners

¶16

Versus

¶17

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi

¶18

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.)

¶19

The Prescribed Authority (land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶20

The Project Director, National Highway Authority of India, PIU Jodhpur Office, 148, Umaid Herritage, Ratanada, Jodhpur.

¶21

----Respondents

¶22

S.B. Civil Writ Petition No. 9629 / 2017

¶23

Jamna Devi W/o Shri Rameshwar Prasad Tawani, Aged About 69 Years, By Caste Maheshwari, R/o 114, Roopabai Ki Jav, Bhadwasiya, Jodhpur.

----Petitioner

(2 of 9)

[CW-5214/2017]

Versus

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶29

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.)

¶30

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶31

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶32

----Respondents

¶33

S.B. Civil Writ Petition No. 9644 / 2017

¶34

Ruchi Kasat W/o Shri Pankaj Kasat, Aged About 34 Years, R/o Backside of Mahamandir Railway Station, Jodhpur.

¶35

----Petitioner

¶36

Versus

¶37

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶38

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶39

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶40

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶41

----Respondents

¶42

S.B. Civil Writ Petition No. 9732 / 2017

¶43

Rajeev Bhadu S/o Ganga Ram Choudhary, Aged About 50 Years, By Caste Jat, R/o Nehru Nagar, Barmer.

¶44

Mohan Ram S/o Ganga Ram Choudhary, Aged About 52 Years, By Caste Jat, R/o Nehru Nagar, Barmer.

¶45

----Petitioners

¶46

Versus

¶47

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶48

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶49

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District- Jodhpur, Rajasthan.

¶50

(3 of 9)

¶51

[CW-5214/2017]

¶52

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶53

----Respondents

¶54

S.B. Civil Writ Petition No. 9957 / 2017

¶55

Saraswati Devi W/o Mangi Lal, Aged About 76 Years, By Caste Brahmin, R/o Purohiton Ka Bas, Salawas, Tehsil Luni, District Jodhpur.

¶56

Tarachand S/o Mangi Lal, Aged About 41 Years, By Caste Brahmin, R/o Purohiton Ka Bas, Salawas, Tehsil Luni, District Jodhpur.

¶57

Premchand S/o Mangi Lal, Aged About 38 Years, By Caste Brahmin, R/o Purohiton Ka Bas, Salawas, Tehsil Luni, District Jodhpur.

¶58

----Petitioners

¶59

Versus

¶60

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶61

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶62

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶63

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶64

----Respondents

¶65

S.B. Civil Writ Petition No. 9958 / 2017

¶66

Pawan Malani S/o Ramesh Chandra Malani, Aged About 28 Years, By Caste Maheshwari, R/o B-2, In Front of Nehru Park, Jodhpur.

¶67

----Petitioner

¶68

Versus

¶69

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶70

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶71

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶72

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

----Respondents

(4 of 9)

[CW-5214/2017]

S.B. Civil Writ Petition No. 9963 / 2017

¶77

Chaila Ram S/o Pokar Ram, Aged About 67 Years, R/o 301, Pal Balotra Road, Village Pal, Pal Rural, Jodhpur.

¶78

Leela W/o Ganga Ram, Aged About 41 Years, R/o Asptal Se Bus Stand Road Tak, Keroo, Keru, Jodhpur.

¶79

Sayari Devi W/o Chhaila Ram, Aged About 62 Years, R/o 301, Pal Balotra Road, Village Pal, Pal Rural, Jodhpur.

¶80

Ganga Ram S/o Narsingh Ram, Aged About 41 Years, R/o Keru, Jodhpur.

¶81

----Petitioners

¶82

Versus

¶83

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi

¶84

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.)

¶85

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan

¶86

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.)

¶87

----Respondents

¶88

S.B. Civil Writ Petition No. 9965 / 2017

¶89

Marudhara Cargo (Division of Sunil & Company), Office 9/2, Light Industrial Area, Jodhpur, Main Office- 26/28, Juni Hanuman Gali, Mohan Niwas, Second Floor, Mumbai Through One of the Partners Gajendra Mal Singhvi S/o Late Shri Jagdish Mal Singhvi, Aged About 70 Years, R/o 73, Dev Nagar, Jodhpur.

¶90

----Petitioner

¶91

Versus

¶92

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶93

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.)

¶94

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶95

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.)

----Respondents

(5 of 9)

[CW-5214/2017]

S.B. Civil Writ Petition No. 10017 / 2017

¶100

M/s. Black Stone Rubber Industries Pvt. Ltd., Jaipur, Chheepa Madan Motilal Atak Road Through Director Shri Basant Dhoot S/o Shri Hari Kishan Dhoot, Aged About 56 Years, R/o 4th B Road Sardarpura, Jodhpur.

¶101

----Petitioner

¶102

Versus

¶103

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶104

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶105

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶106

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶107

----Respondents

¶108

S.B. Civil Writ Petition No. 10374 / 2017

¶109

Basanti Devi W/o Shri Kamal Kishore Gattani, Aged About 61 Years, By Caste Maheshwari, R/o 172, 2nd Polo, Paota, Jodhpur.

¶110

----Petitioner

¶111

Versus

¶112

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶113

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶114

The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur, District Jodhpur, Rajasthan.

¶115

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶116

----Respondents

¶117

S.B. Civil Writ Petition No. 10542 / 2017

¶118

Prakash Aayani S/o Naryandas Singhi, Aged About 52 Years, By Caste Sindhi, R/o House No. 257, 3rd "B" Road, Jodhpur.

¶119

Rajnish S/o Narayan Prasad Gupta, Aged About 37 Years, By Caste Agrwal, R/o Imratiya Bera, Paota, Jodhpur.

¶120

Amit Gehlot S/o Dr. Man Singh Gehlot, Aged About 42 Years, R/o Pali Bazar, Mahamandir, Jodhpur.

----Petitioners

(6 of 9)

[CW-5214/2017]

Versus

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶126

The Chief Engineer (National Highway), Public Works Department, Government Rajasthan, Jaipur (Raj.)

¶127

The Prescribed Authority (Land Acquisition) and Additional District Collector- III, Jodhpur, District Jodhpur, Rajasthan.

¶128

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.)

¶129

----Respondents

¶130

S.B. Civil Writ Petition No. 11090 / 2017

¶131

Manoj Tekwani S/o Fateh Chand Tekwani, Aged About 41 Years, By Caste Sindhi, R/o 3rd "B" Road, Jodhpur.

¶132

----Petitioner

¶133

Versus

¶134

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶135

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶136

The Prescribed Authority (Land Acquisition) and Additional District Collector- III, Jodhpur, District Jodhpur, Rajasthan.

¶137

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.)

¶138

----Respondents

¶139

S.B. Civil Writ Petition No. 11093 / 2017

¶140

Ritika Tekwani W/o Manoj Tekwani, Aged About 40 Years, By Caste Sindhi, R/o 3rd B Road, Jodhpur.

¶141

Dimple Tekwani W/o Nitin Tekwani, Aged About 35 Years, By Caste Sindhi, R/o 3rd B Road, Jodhpur.

¶142

----Petitioners

¶143

Versus

¶144

Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi.

¶145

The Chief Engineer (National Highway), Public Works Department, Government of Rajasthan, Jaipur (Raj.).

¶146

The Prescribed Authority (land Acquisition) and Additional District Collector - III, Jodhpur, District Jodhpur, Rajasthan.

¶147

(7 of 9)

¶148

[CW-5214/2017]

¶149

The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali (Raj.).

¶150

----Respondents

¶151

_____________________________________________________ For Petitioner(s) : Mr. Pradeep Swami For Respondent(s) : Mr. Mukesh Dave

¶152

Mr. Ankur Mathur

¶153

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

¶154

14/09/2017

¶155

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

¶156

Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016) decided on 27.03.2017.

¶157

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

¶158

“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”).

¶159

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

¶160

(8 of 9)

¶161

[CW-5214/2017]

¶162

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.

¶163

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.

¶164

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

¶165

(9 of 9)

¶166

[CW-5214/2017]

¶167

December, 2014, all the beneficiaries shall be entitled to compensation in accordance with provisions of the Act of 2013.

¶168

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.

¶169

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.”

¶170

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.

¶171

Heard learned counsel for the parties.

¶172

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) .

¶173

Stay petitions also stand disposed of.

¶174

(VIJAY BISHNOI)J.

¶175

Abhishek Kumar S.Nos.158-171

Sumarmal Kataria and Anr. v. Union of India and Ors.

Case brief

What is this about?

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Sumarmal Kataria and Anr. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

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