Compensation for land acquisition awards declared after 31.12.2014 must be determined in accordance with the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, regardless of whether proceedings were initiated under the National Highways Act, 1956.

Order

1. Present bunch of writ petitions has been filed praying for similar relief, i.e., for issuance of directions to respondent-authorities to re-determine amount of compensation granted under awards passed by Competent Authority Land Acquisition (“CALA”) after 31.12.2014 in accordance with provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“RFCTLARR Act, 2013”).

2. Learned counsel for petitioner submits that issue involved in present case stands squarely covered by judgment dated 27.03.2017 passed by this Court in S.B. Civil Writ Petition No. 13114/2016 [Man Singh & Ors. Vs. Union of India & Ors.], wherein this Court, while considering the effect of Section 105(3) of the RFCTLARR Act, 2013, has held that the CALA is required to determine compensation payable in lieu of acquisition in accordance with the provisions contained in First Schedule of the RFCTLARR Act, 2013 in cases where the award was not declared before 31.12.2014. In Man Singh (supra), since the award had been passed after 31.12.2014, this Court directed respondent-authorities to re-determine the compensation payable to petitioners in terms of the RFCTLARR Act, 2013, within a stipulated period. Relevant part of judgment passed in Man Singh (Supra) is quoted below:-

“4. As a matter of fact, the issue regarding applicability of the provisions of the Act of 2013 for determination of compensation in cases where land acquisition proceedings were initiated under the Act of 1956, but award has not been declared till 31st of December,2014, was considered by the Ministry of Road Transport & Highways and vide circular dated 3rd of February, 2016, while accepting the legal opinion tendered by Additional Solicitor General of India, it has been clarified that even where the award of compensation under Section 3G of the Act of 1956 was declared by competent authority on or before 31st of December,2014 but compensation in respect of majority of the land area notified in the relevant 3A notification was not deposited in the account of beneficiaries on or before 31st of December, 2014, all the beneficiaries shall be entitled to compensation in accordance with provisions of the Act of 2013.

5. It is not disputed that in the instant case, the award has been passed after 31.12.14 and therefore, even otherwise, as per the categorical stand taken by the Union of India and the National Highways Authority by virtue of provisions of sub-section (3) of Section 105 of the Act of 2013 in force at the relevant time, the compensation payable to the petitioners for the land acquired hasto be re-determined as per the provisions of the Act of 2013.

6. In this view of the matter, the writ petition is disposed of with the directions to the respondents to re-determine the amount of compensation payable to the petitioners in accordance with the provisions of the Act of 2013. The entire exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. No order as to costs. ”

3. Learned counsel for petitioner submitted that in light of judgment passed in Man Singh (supra), several writ petitions have been decided. Said orders were questioned by respondent - Union of India by way of filing recalling applications led by S.B. Writ Misc. Application No. 190/2021 [Deep Singh Vs. Union of India & Ors.] and the same were dismissed by Co-ordinate Bench of this Court vide its order dated 28.07.2022.

3.1 Said order dated 28.07.2022 was challenged by Union of India by way of filing D.B. Special Appeal (W) No. 936/202