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G. S. KULKARNI, SOMASEKHAR SUNDARESAN
Roshanbi Aziz Motiwala Through POA Mr. Iliyas Aziz Motiwala – Appellant
Versus
Union of India – Respondent
JUDGMENT:
(Per, Somasekhar Sundaresan J.)
1. Rule. Rule made returnable forthwith. Learned Counsel for the Respondents waive service. By consent of the parties, heard finally.
2. This is a batch of Writ Petitions that involve a singular and common question of law – whether, and how, the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“2013 Act”) would apply to determination of compensation, provision of rehabilitation and resettlement and making available infrastructure amenities in cases of land acquisition under the National Highways Act, 1956 (“NH Act”).
3. The case of the Petitioners is that while the law is clear that the entitlements to rehabilitation and resettlement under the Second Schedule of the 2013 Act would be available over and above the monetary compensation under the First Schedule of the 2013 Act even to cases of land acquisition under the NH Act, their grievance is that their requests for entitlements under the Second Schedule have been rejected in a mechanical manner, purporting to reply on a Manual of Guidelines, instead of an objective application of the substantive provisions of the re
The provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, apply to land acquisitions under the National Highways Act, requiring a detailed examination of indivi....
The court affirmed that the provisions of the National Highways Act remain valid, and the 2015 Order under Section 113(1) effectively extends the 2013 Act's benefits to land acquisition under the Fou....
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 fami....
The competent authority under the National Highways Act is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fair Com....
The court ruled that completed acquisitions cannot be reopened or compensated under the Land Acquisition Act, 2013, as finality under the National Highways Act, 1956 was achieved.
The more beneficial provision of Section 80 of the Act, 2013 relating to interest would apply to acquisitions made under the NH Act, and the court directed the respondents to pay the calculated inter....
The right to demand full acquisition under Section 94 of the 2013 Act applies to acquisitions under the National Highways Act, ensuring just compensation and rehabilitation for affected landowners.
The court upheld the applicability of the RFCTLARR Act, 2013 to compensation determinations under the National Highways Act, affirming the Arbitrator's decision to enhance compensation based on resid....
The court ruled that compensation received under the National Highways Act is exempt from income tax under Section 96 of the RFCTLARR Act, emphasizing the equal treatment principle enshrined in Artic....
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