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2022 Supreme(Kar) 242

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Suraj Govindaraj, J.
Shri. Manohar Patel.R And Ors. – Petitioners
Versus
Union Of India Ministry Of Road Transport & Highways New Delhi, Rep. By Its Secretary And Ors. – Respondents
Writ Petition No. 10103, 12483, 12537 OF 2020, 14110 OF 2021
Decided On : 19-07-2022

Advocates:
Advocate Appeared:
For the Petitioner:Sri. Clifton D. Rozario, Advocate And Smt. Maitreyi Krishnan, Advocate, Smt. Avani Chokshi, Advocate
For the Respondent:Sri. Nithyananda.K.R, Aga, Sri. Thimmanna Bhat, Cgc, Sri. Udaya Holla, Sr. Counsel For Sri. Sreenath.V.K, Advocate

Point of Law: Schedule-II deals with elements like provision of housing units in case of displacement, land for land, offer for developed land, choice of Annuity of employment, Subsistence grant for displaced families for displaced families for a period of one year, Transportation cost for displaced families, Cattle shed/petty shops cost, One-time grant to artisans, small traders and certain others, Fishing rights, One-time Resettlement allowance, Stamp duty and registration fee.

Headnote:
Right to Fair Compensation And Transparency in Land Acquisition, Rehabilitation And Resettlement Act, 2013 –LARR Act, 1894 – Section 11, 105, 16 – Deposit and payment of amount - Determination of amount payable as compensation - Power to take possession - Declaration of acquisition - Hearing of objections - Power to enter for survey, etc - Power to acquire land, etc - Whether entire LARR Act is applicable to acquisition under N.H. Act or it is only schedules which are applicable - Whether in present case, petitioners have an alternative and efficacious remedy - If it is only schedules which are applicable, can any claim of land loser be determined by Arbitrator under Section 3-G(5) - identification of element or determination of entitlement of element would not require any social impact system report or Rehabilitation and Resettlement Scheme or like (Para 18.12).
Finding of the Court: Court is of considered opinion that firstly it is for competent authority to follow procedure as stated under Section 3-G by taking into consideration applicability of Schedule-I, II and III of LARR Act of 2013 and secondly, if competent authority has not taken those facts into consideration, land loser can approach Arbitrator for determining compensation in terms of Schedules-I, II and III - Such application by Arbitrator of Schedules-I, II and III is not enlargement of jurisdiction. jurisdiction already vests with Arbitrator who has been appointed to determine compensation payable albeit in terms of Schedules-I, II and III - I answer point no. 2 by holding that since it is only schedules which are applicable, any claim of land loser as regards determination of compensation in terms of Schedule I, II, III can be made by Arbitrator under Section 3-G(5) - In view of answer to Points No.1 and 2, answer to this question is rendered academic, inasmuch as petitioners in present case being aggrieved by determination of compensation by competent authority, petitioners would have an alternative and efficacious remedy to approach Arbitrator in terms of Section 3-G(5) of N.H. Act - However, in present case competent authority not having performed his/her obligation of determining compensation in terms of Schedule I, II and III, it is required that competent authority redoes same and passes an award.
Result: Writ petitions allowed.

ORDER :

IN W.P. No.10103/2020:

1. The petitioners are before this Court seeking for the following reliefs:

a. Issue an appropriate writ, order or direction in the nature of mandamus directing the 3rd Respondent to comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the Petitioners including the First, Second and Third Schedule.

b. Issue an appropriate writ, order or direction to the 2nd Respondent to suspend the operation of the Revised Award Notices dates 24.06.2020 (placed as Annexures J1-J8), the Award dated 26.12.2018 (placed as Annexure-H), dated 26.12.2018, the Official Reminder dated 30.06.2020 (placed as Annexure-P), and Official Reminders dated 02.07.2020 (placed as Annexure-Q1 to Q7), until the respondents comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the Petitioners including the First, Second and Third Schedule.

c. Issue an appropriate writ, order or direction prohibiting the 1st Respondents from taking possession of the land until the full payment to the petitioners, of the monetary part of the rehabilitation and resettlement entitlements as per the First, Second and Third Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

d. Pass any other orders within the facts and circumstances of the case in the interest of justice and equity including orders regarding compensation.

2. Petitioners are brothers claiming to be the owners of land in Sy.No.144/3, 144/4 and 145/3, 145/4, 145/5, 145/6, 145/7 measuring 1.482 Acres and Sy.No.146 measuring 3 acres 10 guntas, out of the said lands respondent No.1 acquired the following land:

Sl. No.	Survey no.	Total land owned by the petitioner	Proposed acquisition	Balance land left with the petitioner
1	144/3	9.04 G/919.37 sq mts	304 sq. m.	615.37 sqmts
2	144/4	9.04 G/919.37 sq mts	51 sq. m.	888.37 sqmts
3	145/3	8.04 G/813.42 sq mts	405 sq. m.	408.41 sqmts
4	145/4	8.04 G/813.42 sq mts	607 sq. m.	206.41 sqmts
5	145/5	9.04 G/919.37 sq mts	936 sq. m.	Nil
6	145/6	8.04 G/813.42 sq mts	835 sq. m.	Nil
7	145/7	8.04 G/813.42 sq mts	705 sq. m.	408.40 sqmts
8	146	3A10G/13,152.1 sq mts	7386 sq. m.	5766.1 sqmts

WP No.12483/2020:

3. The petitioners are before this Court seeking for the following reliefs:

1. Issue an appropriate writ, order or direction in the nature of mandamus directing the 3rd Respondent to comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlements of the Petitioners including the First, Second and Third Schedule.

2. Issue an appropriate writ, order or direction to the 2nd Respondent to suspend the operation of the Award Notices No.SLAO&CA/TS-206/CR/14/2018-19 dated 25.03.2019 (placed as Annexures N1, N2 and N3), the Award no.SLAO/CA/NH-206/AWD/CR-14/2018-19 dated 26.12.2018 (placed as Annexure-K), the Official Reminder no.SLAO/LAQ/TIP/14/2019-20 dated 20.01.2020 (placed as Annexure-Q), the Official Reminder no.SLAO/LAQ/NH-206/Bairanayakanahalli/2020-21 dated 30.06.2020 (Placed as Annexure-S), and the Official Reminder no.SLAO/LAQ/NH-206/Bairanayakanahalli/2020-21 dated 04.08.2020 (placed as Annexure-T) until the respondents comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 insofar as the rehabilitation and resettlement entitlement

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2022 Supreme(Kar) 242

Cases Referred (50)