The court ruled that the Notification dated 28.08.2015 is applicable to land acquired under the Petroleum and Minerals Pipelines Act, ensuring entitlement to solatium and additional 12% compensation under the RFCTLARR Act.

JUDGMENT :

SUNITA AGARWAL, C.J.

1. Heard Mr. Maulik G Nanavati, learned counsel assisted by Ms. Manvi Damle, learned advocates for the petitioners and Mr. Mihir Thakore, learned Senior advocate assisted by Ms. Manisha Narsinghani, Ms.Parinaz V. Fanibanda, Mr. Rituraj Meena and Ms. Niyati Chauhan, learned advocates for the respondent no.2. Ms. Hetal Patel, learned Assistant Government Pleader appears for the State respondent no.1.

2. In this set of Writ petitions, the petitioners are the persons whose lands have been acquired by the Central Government under the provisions of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 (in short as the "Act, 1962") conferring the 'right of user' upon the Oil & Natural Gas Corporation Limited (ONGC) namely respondent no.2.

3. The limited challenge in the Writ petitions to the validity and legality of the award passed in the year 2024 with respect to the lands belonging to different petitioners, determining compensation, is on the ground that the benefit of Solatium and additional compensation at the rate of 12% as payable under Section 30 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short as the "RFCTLARR Act, 2013") have not been included in the award. The contention is that the benefit of Solatium and additional compensation of 12% are statutory benefits available to the landholders in all the acquisitions made under different enactments enumerated in the Fourth Schedule to the RFCTLARR Act, 2013. The Act, 1962 whereunder the lands-in- question had been acquired is one of the enactments included in the list enumerated in the Fourth Schedule of the RFCTLARR Act, 2013.

4. Vide Notification dated 28.08.2015, the Central Government has notified that it considers necessary to extend the benefits available to the land owners under the RFCTLARR Act, 2013 to similarly placed land owners whose lands are acquired under the 13 enactments specified in the Fourth Schedule of the RFCTLARR Act, 2013; and accordingly, it was notified that the Central Government has decided to extend the beneficial advantage to the land holders and uniformly apply the beneficial provisions of the RFCTLARR Act, 2013 relating to the determination of the compensation and rehabilitation and resettlement to cases of land acquisition under the said enactments (13 enactments specified in the Fourth Schedule to RFCTLARR Act, 2013), in the interest of land owners. It was, thus, notified that :-

"MINISTRY OF RURAL DEVELOPMENT

ORDER

New Delhi, the 28th August, 2015

S.O. 2368(E).- Whereas, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013) (hereinafter referred to as the RFCTLARR Act) came into effect from 1st January, 2014;

And whereas, sub-section (3) of Section 105 of the RFCTLARR Act provided for issuing of notification to make the provisions of the Act relating to the determination of the compensation, rehabilitation and resettlement applicable to cases of land acquisition under the enactments specified in the Fourth Schedule to the RFCTLARR Act;

And whereas, the notification envisaged under sub- section (3) of Section 105 of the RFCTLARR Act was not issued and the RFCTLARR (Amendment) Ordinance, 2014 (9 of 2014) was promulgated on 31st December, 2014, thereby, inter-alia, amending Section