Rajasthan High Court - Jodhpur

Babu Devi And Anr vs Union Of India And Ors on 9 November, 2022

Bench: Vinit Kumar Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6365/2022

Sushila Pathak W/o Ganga Shankar, Aged About 79 Years, r/o 2N1 First Puliya, Chopasani Housing Board, Nandanvan, Jodhpur, (Raj.).

----Petitioner Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi-110 075.

3. The Prescribed Authority (Land Acquisition) and Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents Connected With S.B. Civil Writ Petition No. 5298/2018

1. Babu Devi W/o Jeta Ram, By Caste Bishnoi, aged about 55 years, R/o Guda Bishnoiyan, Tehsil And District Jodhpur.

2. Jeta Ram S/o Ram Chandra, By Caste Bishnoi, aged about 60 years, R/o Guda Bishnoiyan, Tehsil And District Jodhpur.

----Petitioners Versus

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

2. The Chief Engineer National Highway, Public Works Department, Government Of Rajasthan, Jaipur Raj..

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

                                                                    ----Respondents





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S.B. Civil Writ Petition No. 5299/2018 Jeta Ram S/o Ram Chandra, By Caste Bishnoi, aged about 60 years, R/o Guda Bishnoiyan, Tehsil And District Jodhpur.

----Petitioner Versus

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

2. The Chief Engineer National Highway, Public Works Department, Government Of Rajasthan, Jaipur Raj..

3. The Prescribed Authority Land Acquisition And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 15319/2018 Rishabh S/o Rajeev Khullar, Aged About 32 Years, r/o 23, Shyam Nagar, Pal Link Road, Jodhpur

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.)

3. The Prescribed Authority (Land Acqusition ) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan

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

----Respondents S.B. Civil Writ Petition No. 15326/2018 Smt. Sucheta W/o Rajeev Khullar, Aged About 52 Years, r/o 23, Shyam Nagar, Pal Link Road, Jodhpur

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.)

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3. The Prescribed Authority (Land Acqusition ) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan

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

----Respondents S.B. Civil Writ Petition No. 15788/2018 Rishabh S/o Rajeev Khullar, Aged About 32 Years, R/o 23, Shyam Nagar, Pal Link Road, Jodhpur.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 16611/2018

1. Kheta Ram S/o Tulchha Ram, Aged About 52 Years, By Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi, District Jodhpur.

2. Phula Ram S/o Tulchha Ram,, Aged About 36 Years, By Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi, District Jodhpur.

3. Birda Ram S/o Tulchha Ram,, Aged About 35 Years, By Caste Meghwal, r/o Village Kolu Pabuji, Tehsil Phalodi, District Jodhpur.

----Petitioners Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescreibed Authority (Land Acquisition), And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

4. The Project Director And Executive Engineer, Public Works

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Department, National Highway Block, Pali (Raj.).

----Respondents S.B. Civil Writ Petition No. 1886/2019 Mayank Agrawal S/o Dinesh Agrawal, Aged About 33 Years, By Caste Agrawal, R/o Chitrakut Residency Road, Jodhpur.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 1890/2019 Mayank Agrawal S/o Dinesh Agrawal, Aged About 33 Years, By Caste Agrawal, R/o Chitrakut Residency Road, Jodhpur.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 4633/2019 Smt. Ratan Kanwar W/o Shri Parvat Singh, Aged About 70 Years, By Caste Rajput R/o Village Chotila, District Pali, Rajasthan.

----Petitioner Versus

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

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2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 17137/2019

1. Moolchand Parakh S/o Simrathmal Parakh, Aged About 55 Years, By Caste Oswal, R/o Jalam Niwas, Padmavati Nagar, Paota B Road, Jodhpur.

2. Mangilal Jyani S/o Jagmalaram Jyani, b/c Bishnoi Aged About 51 Years, R/o Khetolai, Tehsil Pokran, Jaisalmer.

----Petitioners Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition), And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 17195/2019

1. Moolchand Parakh S/o Simrathmal Parakh, Aged About 55 Years, By Caste Oswal, R/o Jalam Niwas, Padmavati Nagar, Paota B Road, Jodhpur.

2. Mangilal Jyani S/o Jagmalaram Jyani, Aged About 51 Years, By Caste Vishnoi, R/o Khetolai, Tehsil Pokran, Jaisalmer.

----Petitioners Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition), And Sub

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Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 18468/2019

1. Manju Devi W/o Kailash Chand, Aged About 45 Years, r/o Bichla Bass Merta, Merta City, Nagaur.

2. Prema Devi W/o Kailash Chand, Aged About 50 Years, r/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And District Nagaur (Raj.).

3. Kailash Chandra S/o Banshi Lal Ghanchi, Aged About 49 Years, r/o Near Krishi Mandi, Kuchera, Ward No.06, Nagaur.

4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years, r/o 114, Ghanchi Colony, Bhagat Ki Kothi, Jodhpur, District Jodhpur.

5. Naini Devi W/o Banshilal, Aged About 73 Years, r/o Merta City, Tehsil Merta, District Nagaur.

----Petitioners Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector - 10, Dwarka, New Delhi - 110 075.

3. The Project Director, Project Implementing Unit, Ajmer, (Raj.).

4. The Prescribed Authority (Land Acquisition And Additional District Collector), Nagaur.

----Respondents S.B. Civil Writ Petition No. 18583/2019

1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o Bichla Bass Merta, Merta City, Nagaur.

2. Prema Devi W/o Kailash Chand,, Aged About 50 Years, R/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And District Nagaur.

3. Kailash Chandra S/o Bansi Lal Ghanchi,, Aged About 49 Years, R/o Near Krisi Mandi, Kuchera, Ward No. 06, Nagaur.

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4. Chanchal Devi W/o Hansraj Bhati,, Aged About 55 Years, R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur, District Jodhpur.

----Petitioners Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector- 10, Dwarka, New Delhi- 110 075.

3. The Project Director, Project Implementing Unit, Ajmer, (Raj.).

4. The Prescribed Authority (Land Acquisition) And Additional District Collector, Nagaur.

----Respondents S.B. Civil Writ Petition No. 18631/2019

1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o Bichla Bass Merta, Merta City, Nagaur.

2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And District Nagaur.

3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49 Years, R/o Near Krishi Mandi, Kuchera, Ward No. 06, Nagaur.

4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years, R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur, District Jodhpur.

----Petitioners Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi- 110075.

3. The Project Director, Project Implementing Unit, Ajmer, (Raj.).

4. The Prescribed Authority, (Land Acquisition) And Additional District Collector Nagaur.

----Respondents S.B. Civil Writ Petition No. 18636/2019

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1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o Bichla Bass Merta, Merta City, Nagaur.

2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And District Nagaur.

3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49 Years, R/o Near Krishi Mandi, Kuchera, Ward No. 06, Nagaur.

4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years, R/o 114, Ghanchi Colony, Bhagat Ki Kothi Jodhpur, District Jodhpur.

----Petitioners Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi-110075.

3. The Project Authority (Land Acquisition), And Additional District Collector Nagaur.

4. The Prescribed Authority, (Land Acquisition) And Additional District Collector Nagaur.

----Respondents S.B. Civil Writ Petition No. 18922/2019

1. Manju Devi W/o Kailash Chand, Aged About 45 Years, R/o Bichla Bass Merta, Merta City, Nagaur.

2. Prema Devi W/o Kailash Chand, Aged About 50 Years, R/o Krishi Mandi Road, Pedla Marg, Kuchera, Tehsil And District Nagaur.

3. Kailash Chandra S/o Bansi Lal Ghanchi, Aged About 49 Years, R/o Near Krisi Mandi, Kuchera, Ward No. 06, Nagaur.

4. Chanchal Devi W/o Hansraj Bhati, Aged About 55 Years, R/o 114, Ghanchi Colony, Bhaghat Ki Kothi Jodhpur, District Jodhpur.

----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 Chairman, National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka New Delhi-110075.

3. The Project Director, Project Implementing Unit, Ajmer, (Raj.).

4. The Prescribed Authority (Land Acquistion) And Additional District Collector, Nagaur.

----Respondents S.B. Civil Writ Petition No. 2292/2020 Jain Sons Buildcon Pvt. Ltd., Through The Director Jitendra Bohra S/o Shri Sohanlal Jain, Aged About 45 Years, By Caste Jain, R/o House No. 21, Prem Nagar, Kheme Ka Kunwa, Pal Road, Jodhpur.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 6551/2020

1. Kanak W/o Shri Gopal Singh, Aged About 64 Years, By Caste Rajput, R/o Plot No. 180, New B.j.s. Colony, B.j.s. Jodhpur, Rajasthan.

2. Hemendra Singh S/o Shri Gopal Singh, Aged About 37 Years, By Caste Rajput, R/o Plot No. 180, New B.j.s. Colony, B.j.s. Jodhpur, Rajasthan.

----Petitioners Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi- 110075.

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

4. The Project Director And Executive Engineer, Public Works

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Department, National Highway Block, Pali (Raj.).

----Respondents S.B. Civil Writ Petition No. 908/2021 Chogaram S/o Shri Kishna Ram, Aged About 62 Years, B/c Patel, R/o Gajan Garh, Post Khurd, Tehsil Rohet And District Pali, Rajasthan.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.)

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 989/2021 Ashok Kumar S/o Late Shri Lal Chand, Aged About 48 Years, By Caste Jain, R/o Rohet, Tehsil Rohet And District Pali, Rajasthan.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 996/2021

1. Shanti Devi W/o Mohan Lal, Aged About 59 Years, By Caste Vishnoi, R/o Dalpatgarh, Tehsil Rohit, District Pali, Rajasthan.

2. Bhanwar Singh S/o Sohan Singh, Aged About 60 Years, By Caste Ravna Rajput, R/o Bandai, Tehsil Rohit, District

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Pali, Rajasthan.

----Petitioners Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.).

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 1008/2021 Shanti Devi W/o Shri Mohan Lal, Aged About 59 Years, B/c Vishnoi, R/o Dalpat Garh, Tehsil Rohet, District Pali, Rajasthan.

----Petitioner Versus

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

2. The Chief Engineer (National Highway), Public Works Department, Government Of Rajasthan, Jaipur (Raj.)

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 1141/2021 Shrenik Daga S/o Shri Hukam Chand Daga, Aged About 36 Years, R/o Shastri Nagar, A-31, Shastri Nagar, Jodhpur (Raj.)

----Petitioner Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector - 10, Dwarka, New Delhi - 110075

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 1142/2021 Varun Daga S/o Shri Prasan Chand, Aged About 34 Years, R/o Shastri Nagar, D-4, Shastri Nagar, Jodhpur (Raj.)

----Petitioner Versus

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

2. The Chairman, National Highways Authority Of India, G-5 And 6, Sector - 10, Dwarka, New Delhi - 110075

3. The Prescribed Authority (Land Acquisition) And Sub Divisional Officer, Rohet, Pali, District Pali, Rajasthan.

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

----Respondents S.B. Civil Writ Petition No. 1143/2021

1. Ramesh Das S/o Mahendra Das, Aged About 22 Years, B/c Vaishvan,

2. Sushila Devi W/o Mahendra Devi, Aged About 47 Years, B/c Vaishvan,

3. Mukesh S/o Bheek Das, Aged About 29 Years, B/c Vaishvan, all are 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 Chairman, National Highways Authority Of India, G-5 And 6, Sector - 10, Dwarka, New Delhi - 110075

3. The Prescribed Authority (Competent Authority Land Acquisition), S.d.o. Rohet, (N.h. - 65), Jodhpur - Pali Road

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

----Respondents

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S.B. Civil Writ Petition No. 10462/2021

1. Usha W/o Rikabchand Malrecha, Aged About 53 Years,

2. Vimla Devi W/o Bhimraj Malrecha, Aged About 62 Years,

3. Premlata W/o Hukmichand Malrecha, Aged About 58 Years,

4. Beena W/o Sushil Kumar Malrecha, Aged About 53 Years, all By Caste Jain, Resident Of Surajpole, Pali, (Raj.).

----Petitioners Versus

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

2. The Project Director, Project Implement Unit, National Highway Authority Of India, House No.148, Umaid Heritage Jodhpur, District Jodhpur.

3. The Prescribed Authority (Land Acquisition) And Additional District Collector, Pali, District Pali, Rajasthan.

----Respondents

S.B. Civil Writ Petition No. 8708/2021

1. Om Prakash Garg s/o Shri Bhanwar Lal Garg, by caste Aggarwal, aged about 60 years, R/o Sahaji ka Chouk Pali, District Pali.

2. Ashok Kumar s/o Shri Bhanwar Lal Garg, by caste Aggarwal, aged about 57 years, R/o Sahaji ka Chouk Pali, District Pali.

3. Anil Kumar s/o Shri Bhanwar Lal Garg, by caste Aggarwal, aged about 60 years, R/o Sahaji ka Chouk Pali, District Pali.

----Petitioners

Versus

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

2. The Project Director, Project Implement Unit, National Highway Authority Of India, House No.148, Umaid Heritage Jodhpur, District Jodhpur.

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  3.     The   Prescribed         Authority        (Land          Acquisition)    And
         Additional      District       Collector,        Pali,      District    Pali,
         Rajasthan.
                                                                    ----Respondents

S.B. Civil Writ Petition No. 10325/2021

1. Dilip Kumar s/o Shri Panna Lal, aged about 55 years

2. Yadav Kumar s/o Shri Panna Lal, aged about 53 years

3. Manoj Kumar s/o s/o Shri Panna Lal, aged about 50 years

4. Smt. Kalpna Devi wife of Dilip Kumar Golecha, aged about 53 years.

5. Smt. Anita Devi wife of Yadv Kumar Golecha, aged about 51 years.

6. Smt. Mamta Devi wife of Manoj Kumar Golecha, aged about 49 years, all by caste Jain, resident of 35 Setho ka Bass, Pali (Raj.)

----Petitioners

Versus

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

2. The Project Director, Project Implement Unit, National Highway Authority Of India, House No.148, Umaid Heritage Jodhpur, District Jodhpur.

3. The Prescribed Authority (Land Acquisition) And Additional District Collector, Pali, District Pali, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Pradeep Swami For Respondent(s) : Mr. M.P. Goswami for Mr. Anil Bachhawat, AGC Mr. Pukhraj Servi for Mr. B.P. Bohra Mr. Sushil Bishnoi

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

09/11/2022

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Heard learned counsel for the parties.

The present batch of writ petitions had been filed for similar

relief and arise out of same facts, therefore, they are being

disposed of by this common order.

For deciding the batch of writ petitions, the facts of S.B. Civil

Writ Petition No. 6365/2022 are taken into consideration.

The prayers made in the present writ petitions are as

follows:-

"a. The respondents may kindly be directed to comply with the provisions of the Land Acquisition Act, 1894 for determination of compensation under National Highways Act, 1956;

b. The respondents may kindly be directed to quash the award dated 17.09.2014 (Annexure-

2) in so far as it declines award of solatium and interest in terms of the provisions of Section 23(2) and 28 of the Land Acquisition Act, 1894;

c. The respondents may be directed to comply with the Guidelines laid down by Hon'ble Supreme Court of India;

d. The respondents may kindly be directed to issue supplementary award to this effect within a stipulated time;

e. The National Highway Authority of India must be directed to deposit the amount payable in terms of the supplementary award, in interest bearing fixed deposit account(s) in any nationalized bank which shall be disturbed to the petitioner;"

Learned counsel for the petitioners submits that the

petitioners were having the possession and ownership of the land

which has been acquired by the respondents. He further submits

that in pursuance of the acquisition proceedings undertaken, the

Land Acquisition Officer-cum-Sub Divisional Officer, Rohet, District

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Pali passed an award in favour of the petitioners on 17.09.2014,

whereby, the compensation was determined as per the National

Highways Act, 1956. Learned counsel further submits that Section

3-J of National Highways Act, 1956 was declared ultra vires by the

Hon'ble Madras High Court as well as Hon'ble Punjab and Haryana

High Court. Ultimately, the matter was taken to the Hon'ble

Supreme Court, wherein, the Hon'ble Supreme Court in a batch of

Special Leave Petitions led by Union of India and Anr. Vs.

Tarsem Singh and Ors. decided on 19.09.2019 upheld the

decisions of the Hon'ble Madras High Court and Hon'ble Punjab

and Haryana High Court and Section 3-J of National Highways Act,

1956 was struck down being violative of Article 14 of the

Constitution of India.

Learned counsel for the petitioner further submits that in

view of the decision rendered by the Hon'ble Supreme Court in the

case of Tarsem Singh (supra), the petitioners seek remedy to

approach the Arbitrator as per Section 3(G)(5) of National

Highways Act, 1956 by taking recourse to the arbitration

proceedings assailing the validity of the award in question.

Learned counsel for the respondents are not in a position to

refute the factual position argued by the learned counsel for the

petitioners.

I have considered the submissions made at the Bar.

The Hon'ble Supreme Court in the case of Tarsem Singh

(supra) held as under:-

"41. There is no doubt that the learned Solicitor General, in the aforesaid two orders, has conceded the issue raised in these cases. This assumes importance in view of the plea of Shri Divan that the impugned judgments should be

(17 of 18) [CW-6365/2022]

set aside on the ground that when the arbitral awards did not provide for solatium or interest, no Section 34 petition having been filed by the landowners on this score, the Division Bench judgments that are impugned before us ought not to have allowed solatium and/or interest. Ordinarily, we would have acceded to this plea, but given the fact that the Government itself is of the view that solatium and interest should be granted even in cases that arise between 1997 and 2015, in the interest of justice we decline to interfere with such orders, given our discretionary jurisdiction under Article 136 of the Constitution of India. We therefore declare that the provisions of the Land acquisition Act relating to solatium and interest contained in Section 23(1A) and (2) and interest payable in terms of section 28 proviso will apply to acquisitions made under the National Highways Act. Consequently, the provision of Section 3J is, to this extent, violative of Article 14 of the Constitution of India and, therefore, declared to be unconstitutional. Accordingly, Appeal @ SLP (C) No. 9599/2019 is dismissed."

In view of the submissions made before this Court and

taking into consideration the fact that Section 3-J of the National

Highways Act, 1956 is held to be violative of Article 14 of the

Constitution of India. The petitioners are permitted to withdraw

the present writ petitions with liberty to approach the Arbitrator as

per Section 3(G)(5) of National Highways Act, 1956. The

petitioners shall move an appropriate application along with an

application for condonation of delay before the Arbitrator within a

period of two weeks from the date of receipt of the certified copy

of this order, which shall be considered by the Arbitrator strictly in

accordance with law.

Needless to say that the Arbitrator after giving a reasonable