ORDER :

1. Since all the present applications pertain to the same and identical issue, therefore, for the purpose of brevity, the prayer clauses, facts and submissions are being taken from S.B. Writ Misc Application No. 190/2021, while treating the same as a lead case.

1.1 The present misc. applications have been preferred by the applicants/respondents (Union of India & Ors.) claiming, in sum and substance, the following reliefs:

“It is, therefore, most humbly prayed that the present recalling application may kindly be allowed and the judgment/order dated 03.04.2019 passed in SB Civil Writ Petition No.3449/2019 titled as Deep Singh Vs. Union of India & Ors. may kindly be recalled and the Writ Petition may kindly be restored to its original number and be heard and decided afresh on merits.”

2. Brief facts of this case, as noticed by this Court, are that a writ petition being S.B. Civil Writ Petition No.3449/2019 (Deep Singh Vs. Union of India & Ors. was preferred by the non-applicant/writ petitioner seeking direction to the applicants/respondents to re-determine the amount of compensation, and further, in regard to payment of solatium and compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘Act of 2013’), by the competent authority, in lieu of the land acquired.

3. The bone of contention in the present case was that the land was acquired under the National Highway Authority Act, 1956 (hereinafter referred to as ‘Act of 1956’) for a highway project in the Rajsamand District of the State, and thus, the publication of the notification in the official gazette on 31.05.2013 under Section 3A of the Act of 1956 to determine the compensation under Section 3G of the Act of 1956 for acquiring the land admeasuring 108.5076 hectare in the Rajasamand District, would entitle the non-applicant/writ petitioner for compensation under the Act of 2013 or the unamended Act of 1956.

4. This Court, vide the order dated 03.04.2019 (under recall alongwith other orders on the same issue passed in the other writ petitions, wherein the other above-numbered misc. applications have been preferred), while relying upon the judgment rendered by a Coordinate Bench of this Hon’ble Court in Man Singh & Ors. Vs. Union of India & Ors. (S.B. Civil writ Petition No.13114/2016, decided on 27.03.2017), and while also taking into account the stand of the applicant/respondent-Union of India that the award has been passed after 31.12.2014, allowed the writ petition, in the same terms, in regard to re-determination of the compensation, as per the Act of 2013.

4. Mr.R.D. Rastogi, learned Additional Solicitor General of India assisted by Mr. D.S. Sinha, Mr. B.P. Bohra and Mr. Pooshan appearing on behalf of the applicant/respondent-Union of India submitted that the Regional Office, Jaipur, National Highways Authority of India tendered their approval on the award passed by the competent authority (Land Acquisition) on 19.08.2014, 12.09.2014 and 02.07.2014 and the amount of compensation was deposited with the competent authority (Land Acquisition) on 01.09.2014, 25.09.2014 and 09.07.2014.

4.1 He further submitted that in the matters relating to the lands of non-applicant/writ petitioner and the deposition of the amount of compensation, as determined by the competent authority (Land Acquisition) under the provisions of Section 3G of the Act of 1956 were clearly before the stipulated date (01.01.2015) on which the provisions of the Act of 2013 were made applicable upon the Acts mentioned in its Schedule-IV (which includes Act of 1956) and the non-applicant/writ petitioner was entitled to the compensation only under the provisions of the Act of 1956 and not under the Act of 2013, as even the amount was deposited by the applicants/respondents in the accounts of CALA much before the said cut off date of 01.01.2015; unfortunately, these facts could