VIDYA RAMASWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) The coalescing interplay of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the "RFCTLARR Act" for short), and National Highway Act, 1956 (hereinafter referred to as the 'NH Act' for short), in computation of the compensation payable, consequent to acquisition of property by the National Highway Authority of India (NHAI), is presented in the facts of this case; and this being an aspect which is not often correctly understood by the owners/claimants of the acquired properties, requires to be notified in public domain through a declaration of this Court.

(2.) Very often, parties who have suffered acquisition, approach this Court apprehending that they will be subjected to a raw deal in computation of the compensation eligible to them, because it is likely to be done under the NHAI Act and not under the "RFCTLARR Act" . This, however, appears to be misplaced, as I will presently explain in this judgment, after placing on record an apercus of the constitutive facts involved.

(3.) The petitioners are stated to be the owners of certain properties which have been acquired under the requisition of the NHAI and they say that an Award has been issued by the "Competent Authority for Land Acquisition" (CALA), as per the provisions of Sec. 3(G) of the NH Act.