DEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Since all the present applications pertain to the same and identical issue, therefore, for the purpose of brevity, the prayer clauses, facts and submissions are being taken from S.B. Writ Misc Application No. 190/2021, while treating the same as a lead case.

(2.) Brief facts of this case, as noticed by this Court, are that a writ petition being S.B. Civil Writ Petition No. 3449/2019 (Deep Singh v. Union of India and Ors. was preferred by the non-applicant/writ petitioner seeking direction to the applicants/respondents to re-determine the amount of compensation, and further, in regard to payment of solatium and compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'Act of 2013'), by the competent authority, in lieu of the land acquired.

(3.) The bone of contention in the present case was that the land was acquired under the National Highway Authority Act, 1956 (hereinafter referred to as 'Act of 1956') for a highway project in the Rajsamand District of the State, and thus, the publication of the notification in the official gazette on 31/5/2013 under Sec. 3A of the Act of 1956 to determine the compensation under Sec. 3G of the Act of 1956 for acquiring the land admeasuring 108.5076 hectare in the Rajasamand District, would entitle the non-applicant/writ petitioner for compensation under the Act of 2013 or the un-amended Act of 1956.