[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Ram Singh Rao vs The National Highway Authority Of India ... on 10 February, 2026
[2026:RJ-JD:7510]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 18416/2024
Madanlal S/o Shri Mohanlal, Aged About 48 Years, Resident Of
Lal Bagh, Nathdwara, Tehsil- Nathdwara, Dist.- Rajsamand.
----Petitioner
Versus
1. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka, New Delhi.
2. The Prescribed Authority (Land Acquistion), Additional
District Collector And Additional District Magistrate,
Collectorate-Rajasmand (Raj.).
3. The Project Director, National Highway Authority Of India
(Nhai), Project Implementation Unit, 10 A, Panchwati,
Udaipur.
----Respondents
Connected With
S.B. Civil Writ Petition No. 6039/2023
1. Ram Singh Rao S/o Shri Madan Singh, Aged About 49
Years, Resident Of Chouhata, Khandel, Tehsil Railmangra,
District Rajsamand.
2. Indra Pal Singh Rao S/o Shri Madan Singh, Aged About 35
Years, Resident Of Rao Mohalla, Khandel, Tehsil
Railmangra, District Rajsamand.
----Petitioners
Versus
1. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka New Delhi.
2. The Prescribed Authority (Land Acquisiition And Additional
District Magistrate), Collectrate Rajsamand, District
Rajsamand (Raj.).
3. Project Director Nhai, Project Implementation Unit, 6-A-1,
R.c. Vyas Colony, Bhilwara.
----Respondents
S.B. Civil Writ Petition No. 9485/2024
Sajjan Devi Chordia W/o Shri Ganpat Chordia, Aged About 74
Years, Resident Of 313, Bhilwara Road, Near Post Rajsamand.
----Petitioner
Versus
1. The National Highway Authority Of India, Through
Chairman, G-5 And -, Sector-10, Dwarka, New Delhi.
2. The Competent Authority, (Land Acquisition) And
Additional District Magistrate, Collectorate- Rajsamand,
District Rajsamand (Raj.).
3. Project Director, National Highway Authority Of India,
Project Implementation Unit, 59-B Bapunagar (W), Road
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[2026:RJ-JD:7510] (2 of 5) [CW-18416/2024]
No. 5, Senthi, Chittorgarh.
----Respondents
S.B. Civil Writ Petition No. 9577/2024
Ganpat Lal Chordiya S/o Shri Keshu Lal, Aged About 89 Years,
Resident Of 313, Bhilwara Road, Rajsamand.
----Petitioner
Versus
1. The National Highway Authority Of India, Through
Chairman, G-5 And 6, Sector-10, Dwarka, New Delhi.
2. The Competent Authority, (Land Acquisition) And
Additional District Magistrate, Collectorate- Rajsamand,
District Rajsamand (Raj.).
3. Project Director, National Highway Authority Of India,
Project Implementation Unit, 59-B, Bapunagar (W), Road
No. - 5, Senthi, Chittorgarh.
----Respondents
For Petitioner(s) : Mr. S.S. Sisodia
For Respondent(s) : Mr. Vinit Sanadhya
Ms. Priyanka Gopa
HON'BLE MR. JUSTICE SANJEET PUROHIT
Judgment
10/02/2026
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.
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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
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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. 936/2022
[Union of India & Ors. Vs. Mahaveer & Ors.] and even said
special appeal was dismissed by the Hon'ble Division Bench vide
its order dated 09.12.2022.
3.2 Learned counsel for petitioner also states that even Special
Leave Petition (Civil) No. 24134/2023, filed for challenging order
dated 09.12.2022, has been dismissed by the Hon'ble Supreme
Court vide its order dated 21.07.2023.
3.3 Referring to all the aforesaid orders, learned counsel for
petitioner submits that the judgment rendered in Man Singh
(supra) has attained finality, having been affirmed up to the
Hon'ble Supreme Court. It is thus contended that the legal
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position now stands settled, namely, that in cases arising out of
land acquisition proceedings undertaken by National Highways
Authority of India, where the award has been declared after
31.12.2014, determination of compensation is required to be
made in accordance with the provisions of the RFCTLARR Act,
2013.
4. Learned counsel for respondents, though opposing the relief
sought by petitioners, has not been able to dispute either the ratio
laid down by this Court in Man Singh (supra) or the subsequent
judgments rendered by Hon'ble Division Bench of this Court and
the Hon'ble Supreme Court in similar matters. Learned counsel for
respondents has also failed to dispute the fact that in the present
batch of writ petitions, award in question has been passed after
31.12.2014.
5. In view of the aforesaid undisputed factual position and the
settled position of law in this regard, present writ petitions are
disposed of in terms of and in consonance with directions issued in
Man Singh (supra). Respondent-authorities are directed to re-
determine amount of compensation payable to petitioners strictly
in accordance with the provisions of the RFCTLARR Act, 2013.
Entire exercise shall be completed within a period of three months
from the date of receipt of certified copy of this order.
6. Stay petitions and pending applications, if any, also stand
disposed of.
(SANJEET PUROHIT),J
99-102/ praveen-
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