Petitioner challenges land acquisition compensation determined under National Highways Act 1956 post-2014. Bench directs re-determination under RFLARR Act 2013 relying on coordinate judgment Man Singh (WP 13114/2016).
Direction to respondents to re-determine compensation under RFLARR Act 2013 within three months. Stay petition disposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5245 / 2017 Ekta Jain D/o Shri Padam Chand, Aged About 45 Years, By Caste Oswal, R/o 73 , Nehru Park, Jodhpur.
----Petitioner
Versus
----Respondents _____________________________________________________ For Petitioner(s) : Mr. Pradeep Swami For Respondent(s) : Mr. Mukesh Dave Mr. B.P. Bohra Mr. Rajat Arora for Mr. Sanjeet Purohit Mr. Ankur Mathur
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
26/07/2017
Learned counsels for the parties have submitted that the controversy involved in this writ petition is 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.
(2 of 4)
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”).
(3 of 4)
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 of 4)
Learned counsels for the parties have submitted that in the present case also the award has been passed after 31.12.2014 and therefore, the present case is 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, this writ petition is 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 petition also stands disposed of.
(VIJAY BISHNOI)J.
Gaurav/298
2 issues framed by the court
Whether compensation determined under Section 3G of National Highways Act 1956 should be re-determined under RFLARR Act 2013 when award passed after 31 December 2014
Whether beneficiaries are entitled to compensation under RFLARR Act 2013 if compensation not deposited by 31 December 2014
Colour shows how this judgement treated each authority
Man Singh & Ors. Vs. UOI & Ors.Followed¶30
Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016)
2 provisions across 2 enactments
Eakta Jain D/o Shri Padam Chand
Union of India
Chief Engineer (National Highway), Public Works Department, Government of Rajasthan
The Prescribed Authority (Land Acquisition) and Additional District Collector-III, Jodhpur
The Project Director and Executive Engineer, Public Works Department, National Highway Block, Pali
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
