Rajasthan High Court - Jodhpur
Deep Singh vs Union Of India on 27 July, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Writ Misc Application No. 190/2021
Deep Singh S/o Shri Hazari Singh Rawat, Aged About 68 Years,
Village Togi, Tehsil Bhim, Dist. Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, 1 Parliament Street, New Delhi
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional, District Magistrate,
Collectrate, Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
Connected With
S.B. Writ Misc Application No. 87/2021
1. Dharmlal @ Dharmchand S/o Naru Ji, Aged About 44
Years, Village Tadawada Solankiyan, Tehsil Gadhbore,
Dist. - Rajsamand (Raj.).
2. Mohini Bai W/o Late Chaggan Lal, Aged About 62 Years,
Village Tadawada Solankiyan, Tehsil Gadhbore, Dist. -
Rajsamand (Raj.).
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, Parliament Street, New Delhi 110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector, And Additional District Magistrate,
Collectorate- Rajsamand.
(2 of 32) [WMAP-190/2021]
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 90/2021
1. Mahaveer S/o Shri Roshan Lal, Aged About 46 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
2. Dhan Raj S/o Shri Roshan Lal, Aged About 36 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
3. Mukesh S/o Shri Roshan Lal, Aged About 31 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
4. Mst. Ladi Bai W/o Shri Roshan Lal, Aged About 65 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
5. Smt. Pista D/o Shri Roshan Lal, Aged About 50 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan,-1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman , G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 91/2021
Mangi Lal Kothari S/o Shri Rang Lal, Aged About 81 Years, R/o
Village Bheem, Tehsil Bheem, District Rajsamand-(Raj.).
----Petitioner
(3 of 32) [WMAP-190/2021]
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 92/2021
1. Rupa S/o Shri Dudaji, Aged About 70 Years, Resident Of
Village Dharada, Tehsil Deogarh, District Rajsamand
2. Deva S/o Shri Dudaji, Aged About 64 Years, Resident Of
Village Dharada, Tehsil Deogarh, District Rajsamand
3. Asu S/o Shri Dudaji, Aged About 60 Years, Resident Of
Village Dharada, Tehsil Deogarh, District Rajsamand
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. Tthe Prescribed Authority (Land Acquisition), Additional
District Collector And Additional Magistrate, Collectorate-
Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 95/2021
1. Ashok Singh S/o Bhanwar Singh, Aged About 59 Years,
(4 of 32) [WMAP-190/2021]
Village Solankiyan Tehsil Gahbore Dist Rajsamand.
2. Bhagwat Singh Solanki S/o Kalu Singh, Aged About 53
Years, Village Solankiyan Tehsil Gahbore Dist Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Its Secretary,
Transport Bhawan, 1, Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through Its
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector, And Additional District Magistrate,
Collectorate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 99/2021
Hasi Devi W/o Late Shri Govind Singh Rawat, Aged About 60
Years, Village Devraj Nagar, Tehsil Bhim, District Rajsamand-
(Raj).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan - 1, Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 100/2021
(5 of 32) [WMAP-190/2021]
Bhanwar Lal S/o Choggalal, Aged About 70 Years, Resident Of
Village- Lambodi, Tehsil Gadhor (Kumbhalgadh) And Dist-
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 102/2021
Kishor Singh S/o Vasu Singh, Aged About 70 Years, R/o Village
Lambodi, Tehsil Gadhbor (Kumbhal Gadh) And Dist. Rajsamand
(Raj.)
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka , New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 103/2021
(6 of 32) [WMAP-190/2021]
Modilal Bapna S/o Shri Devilal, Aged About 62 Years, R/o Flat
No. 2, Saptarshi Building, 1St Floor, Daftary Road, Above Milan
Hotel, Mumbai (Maharashtra) Malad (E) 400097.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 106/2021
Bhimraj S/o Augadmalmahajan, Aged About 59 Years, R/o
Village - Lambodi, Tehsil Gadhbor (Kumbhalgadh), Dist.
Rajsamand (Raj.)
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka , New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 107/2021
(7 of 32) [WMAP-190/2021]
1. Fateh Lal S/o Chaganlal, Aged About 60 Years, R/o Village
Lambodi, Tehsil Gadhbor (Kumbhal Garh), And Dist.
Rajsamand (Raj.)
2. Mangilal S/o Chagganlal, Aged About 55 Years, R/o
Village Lambodi, Tehsil Gadhbor (Kumbhal Garh), And
Dist. Rajsamand (Raj.)
3. Dhanshver S/o Vanechand, Aged About 55 Years, R/o
Village Lambodi, Tehsil Gadhbor (Kumbhal Garh), And
Dist. Rajsamand (Raj.)
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka , New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 108/2021
Keshulal S/o Shrichampalalmahajan, Aged About 73 Years,
Village Lambodi, Tehsil Gadhbore, Dist.- Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
(8 of 32) [WMAP-190/2021]
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 109/2021
1. Hitendra B. Jain S/o Shri Bhawarlal Jain, Aged About 39
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
2. Sunil B. Jain S/o Shri Bhawarlal Jain, Aged About 42
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
3. Kailashdevi W/o Shri Bhawarlal Jain, Aged About 60
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
4. Fancy Vimla D/o Shri Bhawarlal Jain, Aged About 37
Years, Village Lambodi, Tehsil Gadhbore, District
Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 110/2021
Basanta Devi W/o Shri Veeram Singh, Aged About 47 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
(9 of 32) [WMAP-190/2021]
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka , New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 111/2021
1. Manakchand S/o Shri Mishrilal, Aged About 37 Years,
Resident Of Village Barar, Tehsil Bhim, District Rajsamand
- (Raj.).
2. Motilal S/o Shri Mishrilal, Aged About 34 Years, Resident
Of Village Barar, Tehsil Bhim, District Rajsamand - (Raj.).
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector- 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 113/2021
Nathibai W/o Shridhanrajkhatik, Aged About 54 Years, Resident
Of Village Bansa, Tehsil Gadhbore, Tehsil Gandhbore, Dist.-
Rajsamand (Raj.).
----Petitioner
Versus
(10 of 32) [WMAP-190/2021]
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road Ans Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 114/2021
Roop Singh S/o Shri Bheru Singh, Aged About 64 Years, Village
Barar, Tehsil Bhim, District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka , New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 115/2021
Sampat Lal S/o Rang Lal, Aged About 58 Years, Resident Of
Village Lambodi, Tehsil Gadhbore, Dist-Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
(11 of 32) [WMAP-190/2021]
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 116/2021
Dharmchand S/o Shri Nathugurjar, Aged About 38 Years,
Resident Of Village Amartiya, Tehsil Gadhbor, Dist. - Rajsamand
(Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 117/2021
Uda S/o Pratha Balai, Aged About 65 Years, Village Amartiya,
Tehsil Gadhbore, Dist. - Rajsamand. (Raj)
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
(12 of 32) [WMAP-190/2021]
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 118/2021
1. Devilal S/o Meethalal, Aged About 52 Years, Resident Of
Village Mada Ki Bassi, Tehsil Deogarh, Dist-Rajsamand
(Raj.).
2. Gyaneshwar Kumar S/o Meethalal, Aged About 50 Years,
Resident Of Village Mada Ki Bassi, Tehsil Deogarh, Dist-
Rajsamand (Raj.).
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi -
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 120/2021
Shambhu Singh S/o Shri Bhanwar Singh, Aged About 59 Years,
R/o Village Mada Ki Bassi, Tehsil Deogarh, Dist.- Rajsamand
(Raj.).
----Petitioner
Versus
(13 of 32) [WMAP-190/2021]
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road Ans Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 121/2021
Anchi Bai W/o Late Dharmchand, Aged About 57 Years, R/o
Village - Lambodi, Tehsil Gadhbor (Kumbhalgadh), Dist.
Rajsamand (Raj.)
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road Ans Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 123/2021
Bakhtawar Mal Jain S/o Shri Nathmal Mahajan, Aged About 80
Years, Resident Of Village Lambodi, Tehsil Gadhbore, Dist-
Rajsamand (Raj.).
----Petitioner
Versus
(14 of 32) [WMAP-190/2021]
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 124/2021
Mahaveer S/o Shri Roshanlal, Aged About 46 Years, Resident Of
Village Bheem, Tehsil Bheem, District Rajsamand - (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 128/2021
1. Kamlesh Kumar S/o Shri Hastimal Ji, Aged About 35
Years, Resident Of Village Lambodi, Tehsil Gadhbore, Dist-
Rajsamand (Raj.)
2. Sukhi Bai W/o Widow Of Shri Hastimal Ji, Aged About 68
Years, Resident Of Village Lambodi, Tehsil Gadhbore, Dist-
Rajsamand (Raj.)
----Petitioners
(15 of 32) [WMAP-190/2021]
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 129/2021
1. Mahaveer S/o Shri Roshan Lal, Aged About 46 Years, R/o
Village Baloton Ki Ganwar, Tehsil Bheem, District
Rajsamand.
2. Dhan Raj S/o Shri Roshan Lal, Aged About 36 Years, R/o
Village Baloton Ki Ganwar, Tehsil Bheem, District
Rajsamand.
3. Pawan Kumar S/o Shri Roshan Lal, Aged About 39 Years,
R/o Village Baloton Ki Ganwar, Tehsil Bheem, District
Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, 1 Parliament Street, New Delhi
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector 10, Dwarka, New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
(16 of 32) [WMAP-190/2021]
S.B. Writ Misc Application No. 131/2021
Devilal S/o Shri Sudha Gurjar, Aged About 65 Years, Resident Of
Village Lambodi, Tehsil Gadhbore, Dist. - Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 133/2021
Aasita Bhatiya W/o Shri Bhagwan Das, Aged About 47 Years, R/o
Village Bheem, Tehsil Bheem, District Rajsamand- (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, 1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 135/2021
Om Prakash S/o Shri Shreelal Tak, Aged About 43 Years,
(17 of 32) [WMAP-190/2021]
Resident Of Village Sdaran, Tehsil Bhim, Dist- Rajsamand- (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, 1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector - 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 137/2021
1. Pannalal S/o Champakalal, Aged About 57 Years, R/o
Village - Aasan, Tehsil Deoghar And District Rajsamand
(Raj.)
2. Nenu Devi W/o Pannalalkalal, Aged About 49 Years, R/o
Village - Aasan, Tehsil Deoghar And District Rajsamand
(Raj.)
3. Ganesh S/o Dalulalkalal, Aged About 43 Years, R/o Village
- Aasan, Tehsil Deoghar And District Rajsamand (Raj.)
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
(18 of 32) [WMAP-190/2021]
----Respondents
S.B. Writ Misc Application No. 140/2021
Mangi Lal S/o Shri Rang Lal, Aged About 81 Years, R/o Kesariya
Nath Mandir Marg, Nichla Bazar, Village Sadaran, Tehsil Bheem,
District Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 141/2021
Madhu Nath S/o Shri Hem Nath, Aged About 60 Years, B/c Nath,
R/o Village Mada Ki Bassi, Tehsil Deogarh, Dist- Rajsamand
(Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
(19 of 32) [WMAP-190/2021]
----Respondents
S.B. Writ Misc Application No. 143/2021
1. Man Singh S/o Hamer Singh, Aged About 57 Years, R/o
Village Salampura, Javad, Gram Panchayat Dhoinda,
Tehsil Rajsamand, District Rajsamand, Rajasthan.
2. Jassu Kanwar W/o Hamer Singh, Aged About 79 Years, R/
o Village Salampura, Javad, Gram Panchayat Dhoinda,
Tehsil Rajsamand, District Rajsamand, Rajasthan.
3. Shankar Kanwar W/o Tej Singh, Aged About 61 Years, R/o
Village Salampura, Javad, Gram Panchayat Dhoinda,
Tehsil Rajsamand, District Rajsamand, Rajasthan.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highways, Government Of India Through Secretary,
Transport Bhawan-1, Parliament Street, New Delhi-
11007/1, 1001, 1005, 3, 999, 1000, 970, 974, 971/11.
2. The National Highways Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka, New Delhi.
3. The Prescribed Authority, (Land Acquisition And Additional
District Magistrate), Collectorate, Rajsamand, District
Rajsamand (Raj.).
4. Project Director, Nhai, Project Implementation Unit, 6-A-
1, R.c. Vyas Colony, Bhilwara- 311001.
----Respondents
S.B. Writ Misc Application No. 145/2021
1. Mahaveer S/o Shri Roshan Lal, Aged About 46 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
2. Dhan Raj S/o Shri Roshan Lal, Aged About 36 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
3. Mst. Ladi Bai W/o Shri Roshan Lal, Aged About 65 Years,
Resident Of Village Bheem, Tehsil Bheem, District
Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
(20 of 32) [WMAP-190/2021]
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1, Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 146/2021
Shashi W/o Shri Ashok Kumar Tak, Aged About 44 Years,
Resident Of Village Sadaran, Tehsil Bhim, Dist.- Rajsamand
(Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1, Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office.
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 147/2021
Mithu Singh S/o Raju Singh Rawat, Aged About 50 Years, R/o
Village Nandwat, Tehsil Bhim And Dist Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
(21 of 32) [WMAP-190/2021]
Transport Bhawan, 1 Parliament Street, New Delhi
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office.
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 148/2021
Shree Lal Tak S/o Shri Mohan Lal Tak, Aged About 73 Years, R/o
97 Tak Bhawan Village Barar The Bheem Distt. Rajsamand.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, Parliament Street, New Delhi 110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office.
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 151/2021
1. Kesar Singh S/o Hira Singh Rawat, Aged About 43 Years,
R/o Village - Sadaran, Tehsil Bhim And District Rajsamand
(Raj.)
2. Sita Devi W/o Mithu Singh Rawat, R/o Village - Sadaran,
Tehsil Bhim And District Rajsamand (Raj.)
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
(22 of 32) [WMAP-190/2021]
Transport Bhawan, -1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Precribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 171/2021
Manohar Singh S/o Shri Surat Singh, Aged About 65 Years,
Village Mova Ka Talab, Jassa Khera, Bali, Tehsil Bhim, District
Rajsamand.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, Parliament Street, New Delhi-110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectorate- Rajsamand (Raj.)
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 184/2021
Geeta Devi D/o Shree Lal Tak, Aged About 73 Years, 97 Tak
Bhawan Village Barar The Bhim Dist. Rajsamand.
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, Parliament Street, New Delhi-110001.
2. The National Highway Authority Of India, Through
(23 of 32) [WMAP-190/2021]
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
3. The Prescrived Authority (Land Acquisition), Additional
District Collector, And Additional District Magistrate,
Collectorate Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 191/2021
Sampat Lal S/o Shri Sohanlal Mahajan, Aged About 71 Years,
Resident Of Village Balato Ki Gwar, Tehsil Bhim, District
Rajsamand (Raj.).
----Petitioner
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, 1 Parliament Street, New Delhi
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector 10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional, District Magistrate,
Collectrate, Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 196/2021
1. Hari Singh S/o Madhusingh, Aged About 40 Years,
Resident Of Village - Sadaran, Tehsil Bhim And District -
Rajsamand (Raj.).
2. Ashok Singh S/o Madhusingh, Aged About 51 Years,
Resident Of Village - Sadaran, Tehsil Bhim And District -
Rajsamand (Raj.).
3. Sumandevi W/o Ranjeet Singh, Resident Of Village -
Sadaran, Tehsil Bhim And District - Rajsamand (Raj.).
----Petitioners
Versus
(24 of 32) [WMAP-190/2021]
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, -1 Parliament Street, New Delhi -
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5, And 6 Sector-10, Dwarka New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate - Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
S.B. Writ Misc Application No. 197/2021
1. Madhu Singh S/o Shri Ham Singh, Aged About 86 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
2. Malu W/o Late Shri Sadul Singh, Aged About 84 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
3. Uday Singh S/o Shri Sadul Singh, Aged About 57 Years,
Resident Of Village Bali, Tehsil Bhim, District Rajsamand.
----Petitioners
Versus
1. Union Of India, Through Ministry Of Road, Transport And
Highway, Government Of India, Through Secretary,
Transport Bhawan, - 1 Parliament Street, New Delhi-
110001.
2. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector- 10, Dwarka, New Delhi.
3. The Prescribed Authority (Land Acquisition), Additional
District Collector And Additional District Magistrate,
Collectrate- Rajsamand (Raj.).
4. The Zonal Officer And Project Director, Zonal Office,
Ministry Of Road And Transport And Highways, D.c.m.
Ajmer Road, Jaipur.
----Respondents
For Petitioner(s) : Mr. R.D. Rastogi, Additional Solicitor
General of India assisted by Mr. C.S.
Sinha,(on VC.) a/w
(25 of 32) [WMAP-190/2021]
Mr. B.P. Bohra
Mr. Pooshan.
For Respondent(s) : Mr. Vikas Balia, Sr. Adv. assisted by
Mr. S.S. Sisodia a/w Mr. Ankit Prakash
Singh & Mr. Priyansh Arora.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
Reserved on 14/07/2022
Pronounced on 28/07/2022
1. Since all the present applications pertain to the same and
identical issue, therefore, for the purpose of brevity, the prayer
clauses, facts and submissions are being taken from S.B. Writ Misc
Application No. 190/2021, while treating the same as a lead case.
1.1 The present misc. applications have been preferred by the
applicants/respondents (Union of India & Ors.) claiming, in sum
and substance, the following reliefs:
"It is, therefore, most humbly prayed that the
present recalling application may kindly be allowed
and the judgment/order dated 03.04.2019 passed in
SB Civil Writ Petition No.3449/2019 titled as Deep
Singh Vs. Union of India & Ors. may kindly be recalled
and the Writ Petition may kindly be restored to its
original number and be heard and decided afresh on
merits."
2. Brief facts of this case, as noticed by this Court, are that a
writ petition being S.B. Civil Writ Petition No.3449/2019 (Deep
Singh Vs. Union of India & Ors. was preferred by the non-
applicant/writ petitioner seeking direction to the
applicants/respondents to re-determine the amount of
compensation, and further, in regard to payment of solatium and
(26 of 32) [WMAP-190/2021]
compensation in accordance with the provisions of the Right to
Fair Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to
as 'Act of 2013'), by the competent authority, in lieu of the land
acquired.
3. The bone of contention in the present case was that the land
was acquired under the National Highway Authority Act, 1956
(hereinafter referred to as 'Act of 1956') for a highway project in
the Rajsamand District of the State, and thus, the publication of
the notification in the official gazette on 31.05.2013 under Section
3A of the Act of 1956 to determine the compensation under
Section 3G of the Act of 1956 for acquiring the land admeasuring
108.5076 hectare in the Rajasamand District, would entitle the
non-applicant/writ petitioner for compensation under the Act of
2013 or the unamended Act of 1956.
4. This Court, vide the order dated 03.04.2019 (under recall
alongwith other orders on the same issue passed in the other writ
petitions, wherein the other above-numbered misc. applications
have been preferred), while relying upon the judgment rendered
by a Coordinate Bench of this Hon'ble Court in Man Singh & Ors.
Vs. Union of India & Ors. (S.B. Civil writ Petition
No.13114/2016, decided on 27.03.2017), and while also taking
into account the stand of the applicant/respondent-Union of India
that the award has been passed after 31.12.2014, allowed the writ
petition, in the same terms, in regard to re-determination of the
compensation, as per the Act of 2013.
4. Mr.R.D. Rastogi, learned Additional Solicitor General of India
assisted by Mr. D.S. Sinha, Mr. B.P. Bohra and Mr. Pooshan
appearing on behalf of the applicant/respondent-Union of India
(27 of 32) [WMAP-190/2021]
submitted that the Regional Office, Jaipur, National Highways
Authority of India tendered their approval on the award passed by
the competent authority (Land Acquisition) on 19.08.2014,
12.09.2014 and 02.07.2014 and the amount of compensation was
deposited with the competent authority (Land Acquisition) on
01.09.2014, 25.09.2014 and 09.07.2014.
4.1 He further submitted that in the matters relating to the lands
of non-applicant/writ petitioner and the deposition of the amount
of compensation, as determined by the competent authority (Land
Acquisition) under the provisions of Section 3G of the Act of 1956
were clearly before the stipulated date (01.01.2015) on which the
provisions of the Act of 2013 were made applicable upon the Acts
mentioned in its Schedule-IV (which includes Act of 1956) and the
non-applicant/writ petitioner was entitled to the compensation
only under the provisions of the Act of 1956 and not under the Act
of 2013, as even the amount was deposited by the
applicants/respondents in the accounts of CALA much before the
said cut off date of 01.01.2015; unfortunately, these facts could
not be brought in the notice of this Court by the learned counsel
appearing in the matter on the relevant date.
4.2 He also submitted that the order passed by this Hon'ble
Court in Man Singh's case (supra), where due to inadvertent
mistake on the part of the counsel appearing on behalf of NHAI
and MoRTH, it was wrongly conceded that the award was passed
after 01.01.2015, and thereafter, an order came to be passed for
computation of amount of the award as per the Act of 2013, which
may lead to an enormous loss to the public exchequer must not
suffer due to the inadvertent mistake on the part of the advocates
appearing on behalf of NHAI and MoRTH, conceding certain facts
(28 of 32) [WMAP-190/2021]
which are contrary to record and in the interest of justice and to
save the public exchequer from such enormous loss, the order
dated 03.04.2019 must be recalled.
4.3 Learned Solicitor General relied upon the following
judgments:
(a) Union of India Vs. Sita Kant S. Dubhashi, (2020) 3 SCC 297;
(b) Asha Vs. Pt. B.D. Sharma University of Health Sciences,
(2012) 7 SCC 389;
(c) Tarun Bharat Sangh, Alwar Vs. Union of India, (1995) 1 SCC
150;
(d) Rafiq Vs. Munshilal, (1981) 2 SCC 788;
(e) Smt. Lachi Tewari Vs. Director of Land Record, AIR 1997 SCW
4229; and
(f) State of Rajasthan Vs. Surendra Mohnot, (2014) 14 SCC 77.
5. Mr. Vikas Balia, learned Senior Counsel assisted by Mr. S.S.
Sisodia alongwith Mr. Ankit Prakash Singh & Mr. Priyansh Arora
appearing on behalf of the non-applicant/writ petitioner submitted
that the order was passed on 03.04.2019 by this Court, but the
instant misc. application was filed on 07.04.2021 i.e. after the
delay of two years (other applications above-numbered were also
filed belatedly) and no satisfactory reason has been given for such
delay.
5.1 He further submitted that at the time of arguments in Man
Singh's case (supra), the learned counsel for the respondent-
Department i.e. MoRTH and NHAI appeared and the reply was
filed in the case and it was admitted by the applicant/respondent
that it is not disputed that the award is being passed by CALA
after 31.12.2014.
(29 of 32) [WMAP-190/2021]
5.2 He also submitted that the applicant/respondent has wrongly
mentioned the fact that the land of the non-applicant was acquired
after the gazette notification under Section 3A dated 28.12.2012
and under Section 3D dated 04.10.2013, whereas the land of the
non-applicant was acquired vide gazette notification under Section
3-A dated 15.02.2013 and under section 3D dated 31.05.2013.
5.3 He further submitted that though the consolidated estimate
was prepared by CALA and sent to MoRTH before 01.01.2015, but
further after approval from the MoRTH, the CALA made an
individual award wherein calculation of the land and amount of the
compensation was assessed which was to be paid to the writ
petitioner/non-applicant after 01.01.2015 which were lying with
the CALA and other authorities and the copies of the individual
award was not served to the non-applicant/writ petitioner,
however, later on compensation was deposited after the
enforcement of the Act of 2013, as per old norms, clearly showing
the delay on the part of applicant and also as stated by the
applicants themselves in the misc. application, the amount was
deposited in the account of the competent authority but not in the
account of the non-applicant/writ petitioner.
5.4 He also submitted that the definition of the award is not
mentioned in the Act but it is presumed that the calculation of the
compensation for individual land acquisition under Section 3G of
the Act of 1956 and in pursuance of that CALA has prepared the
detailed individual award (annexed with the writ petition), which is
after 31.12.2014.
5.5 He further submitted that it is not admitted that the
compensation was deposited in the petitioner's account prior to
01.01.2015, after declaring the award the CALA directed the
(30 of 32) [WMAP-190/2021]
concerned Tehsildar for verification and procuring the individual
documents i.e. affidavit, Aadhar Card, Bank Passbook copy, PAN
card etc., that too, took a long time months together writ petition
ran pillar to post for submitting the documents but the concerned
Patwari never bothered to expedite the process for paying the
compensation and no interest was paid for delay in paying the
compensation.
5.6 He also submitted that though the estimate of the
compensation was decided by the Department before 01.01.2015,
but the award was prepared after 01.01.2015 and the
compensation deposited in the individual account after the
enforcement of the Act of 2013, and the individual award was also
not communicated to the petitioner and only the compensation
was directly credited into their account and also the estimate was
also not in the form of award, it was only the communication
between MoRTH and the CALA.
5.7 Learned Senior Counsel relied upon the following judgments:
(a) The Director General of Police Vs. Ramswaroop (D.B. Civil
Special Appeal (W) No.1656/2019, decided at Jaipur Bench of this
Hon'ble Court on 09.11.2021);
(b) Union of India Vs. Central Tibetan Schools Admin. & Ors. (SLP
(Civil) diary No.19846/2020, decided on 04.02.2021);
(c) State of Madhya Pradesh & Ors. Vs. Bherulal, 2020 4 JLJ 315;
(d) State of U.P. & Ors. Vs. Ram Prasad & Ors. 2015 11 ADJ 248;
(e) Asit Kumar Kar Vs. State of West Bengal & Ors. 2009 Supp
AIR (SC) 282;
(f) Rashid Khan Pathan Vs. in Re: Vijay Kurla ors. 2020 0 AIR
(SC) 4070;
(31 of 32) [WMAP-190/2021]
(g) Sri Budhia Swain & Ors. Vs. Gopinath Deb & Ors., 1999 0 AIR
(SC) 2089;
(h) Ram Chand Singh Vs. Savitri Devi & Ors., 2004 0 AIR (SC)
4096 and;
(i) Sow. Chandra Kanta & Anr. Vs. Sheik Habib, 1975 0 AIR (SC)
1500.
6. After hearing learned counsel for the parties as well as
perusing the record of the case alongwith the judgments cited at
the Bar, this Court is of the opinion that in the limited scope of the
application to recall the order, this Court ought not to go into
merits of the case again; moreover, the order under recall was
passed while relying upon the judgment rendered in Man Singh's
case (supra), and the said judgment passed by the Coordinate
Bench of this Hon'ble Court had already attained finality.
7. At the cost of repetition, the record and the rival submissions
of the parties broadly indicate that the compensation proceedings
herein, in lieu of land acquisition, were initiated under the Act of
1956, but the award could not be conclusively declared till
31.12.2014, which was considered Ministry of Road & Transport to
be the date of application of the Act of 2013. The compensation in
respect of majority of the lands as notified under Section 3A
notification was not deposited in the account of the beneficiaries
before 31.12.2014, and therefore, all the beneficiaries were rightly
declared to be entitled for compensation in accordance with the
Act of 2013.
8. Learned Additional Solicitor General has shown certain
proceedings prior to 31.12.2014 but they do not indicate final
award having been passed before 31.12.2014. Thus, in the narrow
(32 of 32) [WMAP-190/2021]
scope of the application, no cause for making any interference is
made out.
9. Consequently, the present misc. applications are dismissed.
(DR.PUSHPENDRA SINGH BHATI), J.
201-SKant/-
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