Rajesh Bindal, J.

1. The petitioners have filed the present petition challenging the vires of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014 (for short, 'the Rules').

2. Learned counsel for the petitioners submitted that by framing the Rules, the State has curtailed the powers conferred under Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act'), which defines certain principles for assessment of compensation. In the Rules, certain para-meters have been laid down with reference to assessment of compensation of land located on National Highways, State Highways or other roads, which are not reasonable and so the principles laid down for assessment of compensation, where the acquired land is a large chunk. As the assessment of compensation in the manner prescribed in the Rules is not in conformity with the provisions of the Act, rather, the Rules have exceeded the mandate of the Act or limited its application, the same deserve to be declared ultra vires. He further submitted that though Section 26(1)(c) of the Act provides for assessment of compensation in case there is consent between the parties, however, nothing has been provided in the Rules regarding that.

3. After hearing learned counsel for the petitioners, we do not find any merit in the present petition. As per the scheme of the Act, after the process of acquisition is complete, Section 26 of the Act provides for determination of market value of the land by Land Acquisition Collector (for short, 'the Collector'). The same is extracted below:

“26. Determination of market value of land by Collector.-

(1) The Collector shall adopt the following criteria in assessing and determining the market value of the land, namely:-

(a) the market value, if any, specified in the Indian Stamp Act, 1899 (2 of 1899) for the registration of sale deeds or agreements to sell, as the case may be, in the area, where the land is situated; or

(b) the average sale price for similar type of land situated in the nearest village or nearest vicinity area; or

(c) consented amount of compensation as agreed upon under sub-section (2) of section 2 in case of acquisition of lands for private companies or for public private partnership projects, whichever is higher:

Provided that the date for determination of market value shall be the date on which the notification has been issued under section 11.

Explanation 1.- The average sale price referred to in clause (b) shall be determined taking into account the sale deeds or the agreements to sell registered for similar type of area in the near village or near vicinity area during immediately preceding three years of the year in which such acquisition of land is proposed to be made.

Explanation 2. - For determining the average sale price referred to in Explanation 1, one-half of the total number of sale deeds or the agreements to sell in which the highest sale price has been mentioned shall be taken into account.

Explanation 3.- While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid as compensation for land acquired under the provisions of this Act on an earlier occasion in the district shall not be taken into consideration.

Explanation 4.- While determining the market value under this section and the average sale price referred to in Explanation 1 or Explanation 2, any price paid, which in the opinion of the Collector is not indicative of actual prevailing market value may be discounted for the purpose of calculating market value.

(2) The market value calculated as per sub-section (1) shall be multiplied by a factor to be specified in the First Schedule.

(3) Where the market value under sub-section (1) or sub-section (2) cannot be determined for the reason that -

(a) the land is situated in such area where the transactions in la