Petitioners challenged compensation determined under National Highways Act, 1956 after 31.12.2014. Court followed coordinate bench and directed re-determination under RTFCA, 2013.
Respondents directed to re-determine compensation in accordance with provisions of the Act of 2013 within three months.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 5328 / 2017 1. Rajesh Karnawat S/o Shri Chandu Lal, Aged About 48 Years, By Caste Oswal R/o 14-15, Paota, B-2, Jodhpur.
----Petitioners Versus 1. Union of India Through the Secretary, Ministry of Road, Transport and Highway, Government of India, New Delhi. 2. The Chief Engineer (National Highway), Public Works Department Government of Rajathan, Jaipur (Raj.) 3. The Prescribed Authority (Land Acquisiton) and Additional Director Collector-III, Jodhpur District Jodhpur, Rajasthan.
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
(2 of 4)
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”).
(3 of 4)
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 of 4)
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 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/299
2 issues framed by the court
Whether compensation for land acquired under National Highways Act, 1956 determined after 31.12.2014 should be re-determined under RTFCA, 2013
Whether the coordinate bench decision in Man Singh case is applicable to the instant writ petition
Colour shows how this judgement treated each authority
Man Singh & Ors. Vs. UOI & Ors.Followed¶9
Man Singh & Ors. Vs. UOI & Ors. (S.B. Civil Writ Petition No.13114/2016)
2 provisions across 2 enactments
Rajesh Karnawat
Nirma Chand Lodha
Union of India
Chief Engineer (National Highway)
Prescribed Authority (Land Acquisiton)
Project Director and Executive Engineer
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
