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IN THE HIGH COURT OF ALLAHABAD
Manoj Kumar Gupta, Anish Kumar Gupta
Deenanath Dubey – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Anish Kumar Gupta, J.
1. The case of the petitioners is that their land was acquired by National Highway Division (PWD) and an award was also made. The petitioners have received compensation but the rehabilitation and resettlement award has not been made as per the Second Schedule to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act , 2013. It has, therefore, been prayed that the respondents be directed to make rehabilitation and resettlement award as per provisions of the Act, 2013.
2. The claim of the petitioners is similar to the one raised in Writ C No. 2782 of 2023 (Ashok Kumar and 8 others vs. National Highway Authority of India and 3 others), which was disposed of by this Court, by order dated 24.2.2023 in terms of the order passed in Writ C No. 21601 of 2022 (Ranvir Singh and 35 others vs. National Highway Authority of India and Competent Authority For Land Acquisition and Others). The operative part of the order passed in Writ C No. 2782 of 2023 (Ashok Kumar and 8 others vs. National Highway Authority of India and 3 others), dated 24.2.2023 is as follows :-
"9. Lastly the writ petitions have been disposed of wit
The competent authority under the National Highways Act, 1956 is responsible for declaring rehabilitation and resettlement awards, not the district Collector, as per the provisions of the Right to Fa....
The competent authority under the National Highways Act is responsible for rehabilitation and resettlement awards, as defined by the Right to Fair Compensation and Transparency in Land Acquisition, R....
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....
An appeal under Section 74 of the Right to Fair Compensation Act cannot challenge awards issued under the National Highways Act, 1956.
Petitioners can obtain no cause for concern or apprehension, as impelled by them in this writ petition, because if they are to seek enhancement of the amounts under the Award as per Section 3G of the....
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....
Point of Law – NHAI, or the other competent Authority, is at liberty to act as per Section 3E of the "NH Act" while taking possession of the acquired properties, notwithstanding the pendancy of the a....
Section 3(H)(4) of the National Highways Act, 1956 enables any person interested in the compensation to file an application with the competent authority to forward the dispute to the Principal Civil ....
The District Collector must specify entitlement under the RFCTLARR Act when denying rehabilitation and resettlement compensation, irrespective of prior compensation under the NH Act.
Denial of rehabilitation and resettlement compensation under RFCTLARR Act was improper as it did not confirm eligibility despite prior compensation under the NH Act.
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