Rajasthan High Court - Jodhpur

Vikram Vishnoi vs Union Of India on 2 March, 2022

Bench: Akil Kureshi, Madan Gopal Vyas

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Review Petition (Writ) No. 60/2022

1. Vikram Vishnoi S/o Shri Ram Lal, Aged About 39 Years, By Caste Vishnoi, R/o Nimbali Patelan, Tehsil Rohet District Pali (Raj.)

2. Sravani Devi W/o Shri Ram Lal, Aged About 61 Years, By Caste Vishnoi, R/o Nimbali Patelan, Tehsil Rohet District Pali (Raj.)

----Petitioners Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, (N.h.-

65), Jodhpur Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department), National Highway Division, Pali.

----Respondents Connected with D.B. Review Petition (Writ) No. 62/2022

Lundas Vaishanav S/o Shri Girdhari Das, Aged About 44 Years, By Caste Vaishanav, R/o Sadar Bazar, Rohet District Pali (Raj.).

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road, Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, N.h.-

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

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                                                                   ----Respondents

D.B. Review Petition (Writ) No. 64/2022

Gajendra Parakh S/o Shri Nemichand Jain, Aged About 44 Years, By Caste Jain, R/o Jain Mohalla, Rohet, District Pali (Raj.).

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, (N.h. -

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

----Respondents

D.B. Review Petition (Writ) No. 65/2022

Lundas Vaishanav S/o Shri Girdhari Das, Aged About 44 Years, By Caste Vaishanav, R/o Sadar Bazar, Rohet District Pali (Raj.).

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road, Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, N.h.-

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

----Respondents D.B. Review Petition (Writ) No. 66/2022

(3 of 7) [WRW-60/2022]

1. Ramesh Das S/o Shri Mahendra Das, Aged About 23 Years, By Caste Vaishnav, R/o Ward No. 6, Jaton Ka Bass, Rohet, District Pali (Raj.).

2. Shushila Devi W/o Shri Mahendra Das, Aged About 48 Years, By Caste Vaishanav, R/o Ward No. 6, Jaton Ka Bass, Rohet, District Pali (Raj.).

3. Mukesh S/o Shri Bheek Das, Aged About 30 Years, By Caste Vaishnav, R/o Ward No. 6, Jaton Ka Bass, Rohet, District Pali (Raj.).

----Petitioners Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, (N.h.-

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

----Respondents

D.B. Review Petition (Writ) No. 70/2022

1. Lalit Kishor S/o Shri Jivan Singh, Aged About 45 Years, By Caste Ravna Rajput, R/o 541, Ravna Rajput Ka Bas, Rohet, District Pali (Raj.).

2. Roop Kanwar W/o Shri Jivan Singh, Aged About 68 Years, By Caste Ravna Rajput R/o 200, Sadar Bazar, Jaton Ka Bas, Rohet District Pali (Raj.).

3. Jog Singh Panwar S/o Shri Poonam Singh, Aged About 54 Years, R/o 201, Sadar Bazar, Jaton Ka Bas, Rohet District Pali (Raj.).

----Petitioners Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

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2.        The      State   Of     Rajasthan,         Through          The     Revenue
          Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, (N.h.-

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

----Respondents D.B. Review Petition (Writ) No. 71/2022

Vikram Vishnoi S/o Shri Ram Lal, Aged About 39 Years, By Caste Vishnoi, R/o Nimbali Patelan, Tehsil Rohat, District Pali (Raj.).

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, Rohet Bypass Section, (N.h.-

65), Jodhpur-Pali Road.

4. The Project Director And Executive Engineer, (Public Works Department) National Highway Division, Pali.

----Respondents D.B. Review Petition (Writ) No. 72/2022

Deepak Nyati S/o Shri Tulsi Das Nyati, Aged About 31 Years, B/ c Maheshwari, R/o Dau Ki Dhani, Pratapnagar, Jodhpur, District Jodhpur.

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway, Government Of India, New Delhi.

2. The State Of Rajasthan, Through The Revenue Department (Group-6), Jaipur.

3.        The      Prescribed     Authority         (Land          Acquisition)    And


                                             (5 of 7)                  [WRW-60/2022]

Additional District Collector-Iii, Jodhpur, District Jodhpur, Rajasthan.

4. The Project Director And Executive Engineer, Public Works Department, National Highway Block, Jodhpur (Raj.).

                                                                  ----Respondents


For Petitioner(s)          :     Mr. Pradeep Swami
For Respondent(s)          :     ---

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

02/03/2022 These review petitions arise out of a common judgment of

the Division Bench dated 05.02.2022. The writ petitions were

filed by these review petitioners. Their lands were acquired by the

national highway authority under Section 3A of the National

Highways Act, 1956 for the purpose of four laning of the national

highway. The petitioners had grievance regarding compensation

awarded for acquisition of such lands which was determined by

the competent authority in terms of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (hereinafter referred to as the 'Act of

2013') by applying the multiplier as declared by the State

Government under a notification dated 14.06.2016 in which

multiplying factor between 1.25 to 2 has been specified for rural

areas depending on the distance of the land from the nearest

urban area. The writ petitions were dismissed by the judgment

under review. Various arguments were raised particularly with

respect to fixation of such multiplying factors by the State

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Government and how in the opinion of the petitioners such

determination was arbitrary.

These review petitions are filed only to raise an additional

contention that the multiplying factor of 2 announced by the

Central Government under the notification dated 09.02.2016

should have been applied. Though such contention was not raised

during the course of oral arguments, being a pure question of law,

we do not shut out such argument even in these review petitions.

However, we do not think that this contention would, in any case,

change the ultimate decision in the writ petitions. The term

'appropriate Government' has been defined under Section 3(e) of

the Act of 2013, which reads as under:

"3(e) "appropriate Government" means,--

(i) in relation to acquisition of land situated within the territory of, a State, the State Government;

(ii) in relation to acquisition of land situated within a Union territory (except Puducherry), the Central Government;

(iii) in relation to acquisition of land situated within the Union territory of Puducherry, the Government of Union territory of Puducherry;

(iv) in relation to acquisition of land for public purpose in more than one State, the Central Government, in consultation with the concerned State Governments or Union territories; and

(v) in relation to the acquisition of land for the purpose of the Union as may be specified by notification, the Central Government:

Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government, the Collector of such District shall be deemed to be the appropriate Government;"

As provided in Clause (i) of Section 3(e), 'appropriate

Government' in relation to the acquisition of land situated within

the territory of a State means the State Government. As provided

in Clause (ii), in relation to acquisition of land situated within the

Union territory, the 'appropriate Government' would be the Central

Government. As provided in Clause (iv), in relation to acquisition

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of land for public purpose in more than one State, the Central

Government would be the 'appropriate Government' to act in

consultation with the concerned State Governments or the Union

territories. Clause (v) of Section 3(e) would have to be seen in

light of these forgoing provisions. Clause (v) provides that an