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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE VINIT KUMAR MATHUR, J
Ratan Kanwar W/o Shri Parvat Singh – Appellant
Versus
Union Of India, Through The Secretary, Ministry Of Road, Transport And Highway, Government Of India, New Delhi – Respondent
ORDER :
Vinit Kumar Mathur, J.
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 27.05.2024 passed by the District Collector(Arbitrator), Pali under Section 3(G)(v) National Highways Authority of India Act, 1956 (hereinafter referred to as ‘the Act of 1956’), whereby, the application preferred by the petitioner has been rejected.
3. Briefly noted the facts in the writ petition are that by an award dated 31.07.2014, the petitioner’s land was acquired by the Land Acquisition Officer-cum-Sub Divisional officer, Rohet, District Pali while exercising powers under the Act of 1956. The petitioner had accepted the award and the possession of the land was handed-over to the respondents. At the time of passing of the award, Section 3-J of the National Highways Act, 1956 was in vogue and, therefore, the petitioner was not granted solatium and interest. Subsequently, Section 3-J of the Act of 1956 was declared ultra-vires by the Hon’ble Supreme Court in the case of Union of India & Anr. V/s. Tarsem Singh & Ors., reported in AIR 2019 SC 4689 .After passing of the judgment of the Hon’ble Supreme Court, the petitioner filed a writ petition b
Section 3-J of the National Highways Authority of India Act, 1956 was declared unconstitutional, entitling landowners to solatium and interest for acquired land.
The petitioner is entitled to solatium and interest for land acquisition following the Supreme Court's ruling declaring Section 3-J of the National Highways Act unconstitutional.
The Supreme Court affirmed that landowners are entitled to solatium and interest under the Land Acquisition Act for acquisitions made under the National Highways Act, following the unconstitutionalit....
Landowners are entitled to solatium and interest under the Land Acquisition Act, as confirmed by the Supreme Court, despite pending arbitration cases.
Acquisition of Land - Arbitrator granted enhancement of compensation - Arbitrator while rendering Award correctly took into consideration entire material on record, while determining rate at which co....
Sections denying solatium and interest to landholders under the National Highways Act are unconstitutional; landowners are entitled to these benefits as per recent Supreme Court ruling.
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