LAWS(RAJ)-2023-2-134

SANTOSH Vs. UNION OF INDIA

Decided On February 06, 2023
SANTOSH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Learned counsel for the petitioners has filed present petition with following prayer(s):-

(2.) Learned counsel for the petitioner has relied upon prayer number 5 to submit that the petitioner has not been adequately compensated for the acquired land. Learned counsel has submitted that in spite of categoric representations to the respondents (Annexure-8, 9 and 10), the claim of the petitioner is still not considered on merits and the hyper technical approach adopted by the respondents is defeating the objects of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. In support of his contentions, learned counsel has relied upon judgment of Coordinate bench of this Court in SBCWP No. 19278/2013 titled as Sanwarmal Soni vs. National Highway Authority of India and Ors., the relevant part of which is reiterated below :-

(3.) Learned counsel for the petitioner has further placed reliance upon the judgments of Apex Court in case of General Manager (Project), National Highways and Infrastructure Development Corporation Limited vs. Prakash Chand Pradhan and Ors. reported in (2020) 15 SCC 533 and National Highway Authority of India vs. Sayedabad Tea Company Limited and Ors. reported in (2020) 15 SCC 161. Learned counsel for the petitioner argued that there was no delay on the part of the petitioner, the petitioner moved the representation promptly but the same has not been considered till date.