Petition challenging compensation references irrevocably withdrawn, rendering further adjudication unnecessary.

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. The present petition has been filed by two persons namely petitioner no. 1, Nilkanth Vikram Trivedi and petitioner no. 2, Subhashbhai Rambai Amin through the power of attorney holder namely, Shri Vikram Manubhai Trivedi.

2. The main prayers made in the writ petition are:-

“(A) Quash and set aside the impunged order dated 10/3/2015 passed by respondent No.2 at annexture-L and Direct the respondent no. 2 to decide the claim of the petitioners pending before him under Sec. 3H(3) of the Act and pass appropriate order within two weeks in the interest of justice;

(B) Direct the respondent no. 2 to deposit the entire amount of compensation of Rs. 48,00,443/- payable to the petitioner no.1 with 12% interest from 16/11/2013 till date in the registry of this Hon’ble Court within 7 days from date of order;

(C) Pending admission, hearing and final disposal of this petition, by way of interim relief or ad-interim relief direct the respondent no. 2 to deposit entire amount of compensation of Rs.48,00,443/-along with interest and permit the petitioners to withdraw the amount from the Registry on submitting undertaking that in case any adverse order in the petition, petitioners will return the amount with interest;

(D) Such other and further order which deems fit in the facts and circumstances of the case may be passed the interest of justice;”

3. By the way of amendment, the following prayers have been added:-

“15.(F) Quash and set aside the appointment of Respondent No.6 as an arbitrator vide order no. NHAI/LA/RR/2001/9/1 dated 12/10/2011 issued by the first Respondent Central Govt. u/s 3G(5) of the National Highway Act-1956, and restrain him from working as arbitrator in Arbitration case of Petitioner No.1 immediately and to direct him to hand over the case papers to the arbitrator appointed by this Hon'ble High Court in the interest of justice;

(G) Appoint any Hon'ble former judge of High court of Gujarat as an arbitrator to carry out arbitration work u/s 3G (5) of the National Highway Act-1956 between Petitioner No.1 and central govt. in accordance with the provisions of The Arbitration and Conciliation Act, 1996 and in accordance with law;

(H) Declare the Sec. 3G (5) of the NH Act, 1956 is discriminatory, and violative to an extent of its contravention with Article 14 of The Constitution of India and is ultra vires and void.

(I) Declare that Sec.3J of the National Highway, 1956 is ultra vires the constitution, inoperative and provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act 30 of 2013) applies to the acquisition of Petitioner No. 1 lands acquired as per Annexure-'Z' to the petition and declare that the Petitioner No.1 is entitled to get complete package of compensation and all the tax benefits which are extended to Land Acquisition under "RFCTLARR Act" and be pleased to pass appropriate orders to pay the same to the Petitioner No.1, in the interest of justice;

(J) Declare that the entire amount of compensation as per the calculation under "RFCTLARR Act" which is payable to the Petitioner No.1 is fully 100% Income Tax free as has been provided in Sec. 96 of the "RFCTLARR Act" be paid to the Petitioner No.1 and he is not liable to pay any tax on the entire amount of compensation and any other enhanced amount determined at higher stage of determination in the interest of justice;

(K) Direct the Respondent No.6 to deposit the entire amount of compensation under "RFCTLARR Act" which is payable to the Petitioner No.1, in the Registry of this Hon'ble High Court within 15 days from the order of the Hon'ble High Court in the interest of Justice;

(L) Dire