1. Heard learned counsel for petitioners and Ms. Sushmita Mukherjee, learned counsel appearing on behalf of NHAI.

2. The instant petition has been filed praying for a direction to the respondents to declare the Rehabilitation and Resettlement Award read with elements of Second Scheduled at Serial No.1, 4 & 10 of the "The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013"(for short 'the Act, 2013') and pay to the petitioners in lieu of their acquired land.

3. Indisputably, the land of the petitioners was acquired under the provisions of the National Highways Act, 1956 ( for short 'NH Act'). The competent authority passed an award on 24.08.2017. It is not disputed that National Highways Act, 1956 is duly specified in the fourth schedule of the Act, 2013. It has been held by this Court in Writ-C No. 21601 of 2022, Ranvir Singh and 35 others and connected matters, decided on 21.02.2023 that the beneficial provisions of the Act, 2013 including the provisions relating to rehabilitation and resettlement would also apply to acquisitions made under the NH Act. The operative part of the order is as follows:-

"For the above, without entering into the merits of the claim of the petitioner, it is directed that the competent authority under the National Highways Act, 1956 shall prepare a proposal for the rehabilitation and resettlement award for affected families, within the meaning of Section 3(c) of the Act, 2013, in terms of the entitlements provided in the Second Schedule, with the assistance of the officers of the NHAI and submit the same before the Collector for making award in accordance with the provisions of Section 31 of the RECTLARR Act, 2013.

For preparation of the said proposal, the competent authority shall make necessary enquiry as per the provisions of the Sections 34, 35 and 36 of the RECTLARR Act, 2013 as contained in Chapter V of the Act, 2013, i.e before preparation of the rehabilitation and resettlement award, in relation to the acquisition in question.

It goes without saying that the representatives of the National Highways Authority and the affected tenure holders are entitled to participate in the proceedings for

preparation of the award. The claim of the petitioners herein for the entitlements under the Second Schedule at serial no. (1) for provision of housing unit in case of displacement; serial no. (4) choice of annuity and employment and serial no. (10), one time resettlement allowance, shall be specifically considered by the competent authority in making such an award.

The entire exercise shall be completed, as expeditious as possible, preferably, within a period of six months from the date of receipt of copy of this order.

We may make it clear that, at this stage, no direction has been given for providing benefits of Third Schedule as no such demand has been raised by the petitioners herein.

In any case, while making such an award, independent consideration shall be given to the elements of rehabilitation and resettlement entitlements for the affected families provided in the Second Schedule, without being influenced by any of the observations made hereinabove.

With the above observations and directions, the writ petitions in this bunch are disposed of."

4. Ms. Sushmita Mukherjee, learned counsel appearing on behalf of NHAI submits that the direction by the Co-ordinate Division Bench in the aforesaid decision to the Collector to pass rehabilitation and resettlement award is not consistent with the provisions of the NH Act whereunder the competent authority alone is invested with the power to hold enquiry and declare award. She submits that on the said limited aspect, the NHAI has challenged the judgment of this Court in Ranvir Singh (supra) by filing Special Leave Petition (Civil) Diary No. 12061/2024 before the Supreme Court and in which following order has been passed on 15.04.2024:-

"1. Delay condoned.

2. Heard Mr. Tushar Mehta, learned Senior Advocate and Solicit