DEVILAL JAT Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr. Vinit Sanadhya accepts notice on behalf of all the respondents. Hence, notice need not be issued. Copy of the writ petition has already been supplied to him.

(2.) By way of this writ petition, the petitioner is seeking directions to the respondents to re-determine the amount of compensation and other benefits awarded by the competent authority for the land acquired, while complying with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013").

(3.) The facts relevant are that the petitioner's land was acquired under the provisions of National Highways Act, 1956 (for short "the Act of 1956"). The competent authority determined the compensation in terms of the provisions of Section 3G of the Act of 1956. Precisely, the grievance of the petitioner is that the award in question has been passed by the competent authority after 31.12.14 by virtue of sub-section (3) of Section 105 of the Act of 2013 inserted vide the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2014, re-incorporated vide the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Ordinance, 2015 and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Second Ordinance, 2015, promulgated by the President of the Republic of India, the determination of the compensation was required to be made in accordance with the provisions contained in First Schedule of the Act of 2013 whereas, the compensation has been determined by the competent authority keeping in view the provisions of Section 3G of the Act of 1956.