NERAJALA NAGESWARA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions are filed under Art. 226 of the Constitution of India, seeking the following reliefs:

(2.) Heard learned counsel for the respective petitioners, learned Government Pleader for Land Acquisition, Sri S.S.Varma, learned Standing Counsel for National Highways Authority of India and learned Assistant Solicitor General representing Union of India and perused prayers in the respective writ petitions with supporting affidavits, counter-affidavit with supporting material including award showing compliance of the requirement under Sections 3(A) and (D) of the National Highways Act, 48 of 1956 (for short 'the Act, 1956') respectively, the provisions of law covered by Sec. 3A to J of the Act and the order in SO 2368(E) dated 28.08.2015, notified by the Ministry of Rural Development, Union of India referring to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 30 of 2013 (for short 'the Act, 2013), in particular as per Sec. 105(3) of the Act, 2013 promulgamated notification on 31-12-2014 amending Sec. 105 of the Act, 2013, making provisions of the Act, 2013 relating to the determination of compensation, rehabilitation and resettlement shall apply (As provided IV schedule of the Act, 2013) for the 13 enactments therein by extending the benefits of acquisition covered by the Act, 1956 (as item 7) and in continuity to the 1st Ordinance 4 of 2015, dated 03.04.2015 by 2nd Ordinance 5 of 2015, dated 30.05.2015, as per Art. 123 of the Constitution of India before its lapse by 31.08.2015, on 28.08.2015, w.e.f. 01.09.2015 by this order in SO No.2368(E) referring as the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Removal of Difficulties ) Order, 2015 by applying the provisions of the Act, 2013 relating to the determination of compensation in accordance with the First Schedule provides with reference to Sections 26 and 31 for minimum compensation package rehabilitation and resettlement in accordance with the Second Schedule (prescribing the elements for the affected families) and infrastructure amenities in accordance with the Third Schedule (as per Sections 332, 38(1) and 105(3) to all cases of land acquisition and the expressions of this Court and of the Apex Court relied on by the petitioners and respondents respectively.

(3.) Earlier the W.P. No.8174 of 2017 was disposed of on 10.03.2017, in similar facts, with an observation that "In view of the same and having regard to the submissions made by the learned Counsel for both parties, this Court deems it appropriate to dispose of the present Writ Petition, with liberty to the petitioners to make an application under Sec. 3-G (5) of the Act, for determination of the just amount of compensation by the Arbitrator, within three weeks from the date of receipt of this order. If such an application is made, the same shall be considered and appropriate action be taken by the respondents in accordance with law as expeditiously as possible."