RATAN KANWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dtd. 27/5/2024 passed by the District Collector(Arbitrator), Pali under Sec. 3(G)(v) National Highways Authority of India Act, 1956 (hereinafter referred to as 'the Act of 1956'), whereby, the application preferred by the petitioner has been rejected.

(3.) Briefly noted the facts in the writ petition are that by an award dtd. 31/7/2014, the petitioner's land was acquired by the Land Acquisition Officer-cum-Sub Divisional officer, Rohet, District Pali while exercising powers under the Act of 1956. The petitioner had accepted the award and the possession of the land was handed-over to the respondents. At the time of passing of the award, Sec. 3-J of the National Highways Act, 1956 was in vogue and, therefore, the petitioner was not granted solatium and interest. Subsequently, Sec. 3-J of the Act of 1956 was declared ultra-vires by the Hon'ble Supreme Court in the case of Union of India and Anr. V/s. Tarsem Singh and Ors., reported in AIR 2019 SC 4689. After passing of the judgment of the Hon'ble Supreme Court, the petitioner filed a writ petition before this Court being S.B. Civil Writ Petition No. 5299/2018 (Jeta Ram V/s Union of India and Ors.) which was disposed of by this Court on 9/11/2022. In pursuance of the directions issued by this Court on 9/11/2022, the petitioner preferred an application before the Arbitrator who was District Collector, Pali for grant of solatium and interest for his land which was acquired by the respondents.