High Court of Rajasthan directed respondents to redetermine compensation for acquired land under the Land Acquisition Act, 2013, as the award was passed after 31.12.2014, following Man Singh judgment.
Directing respondents to redetermine compensation in accordance with the provisions of the RFR Compensation Act, 2013 within three months.
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 No. 3709/2019
Om Prakash S/o Shri Shreelal Tak, Aged About 43 Years, Resident Of Village Sdaran, Tehsil Bhim, Dist- Rajsamand- (Raj.).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. SS Sisodia For Respondent(s) : Mr. Vineet Sanadhayay Ms. Sumeha Kall for Mr. Sanjeet Purohit, ASG.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment / Order
03/04/2019
Counsel for the parties are in agreement that the issue involved in this writ petition has been finally decided by the coordinate Bench of this Court in the matter of Man Singh & Ors. Vs. Union of India & Ors. S.B.Civil Writ Petition No.13114/2016), decided on 27.03.2017,wherein this Court has held as under:-
(2 of 4) [CW-3709/2019]
(3 of 4)
[CW-3709/2019]
(4 of 4)
[CW-3709/2019]
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.
It is not disputed by counsel for the parties that the award has been passed after 31.12.2014 and therefore, the controversy is squarely governed by the decision referred above.
In view of the above submissions, admitted factual and legal scenario, this writ petition is also disposed of in terms of the order dated 27.03.2017 passed by Coordinate Bench of this Court in Man Singh’s case (supra). In case, any rival claims are received for the amount of compensation, the competent authority shall objectively consider the same before directing disbursal of the amount, as per law.
(DR. PUSHPENDRA SINGH BHATI),J
ns. 72-1/-
2 issues framed by the court
Whether the compensation for land acquired under the National Highways Act, 1956 is to be determined under the National Highways Act when the award was passed after 31.12.2014.
Whether the petitioners are entitled to compensation based on the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.
Colour shows how this judgement treated each authority
Man Singh & Ors. Vs. Union of India & Ors.Followed¶27
Man Singh & Ors. Vs. Union of India & Ors. S.B.Civil Writ Petition No.13114/2016
2 provisions across 2 enactments
Om Prakash
Union Of India
Dr. Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr. Pushpendra Singh Bhati
Parties & counsel
