VIKAS CONSTRUCTION COMPANY Vs. UNION OF INDIA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners with the prayer that the respondent authorities be directed to redetermine the compensation and revise the award dated 20.11.2014 in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as 'the Acquisition Act of 2013').

(2.) Brief facts of the cases, which are not in dispute, are that the land of the petitioners have been sought to be acquired by the Ministry of Road, Transport and Highways, Government of India, New Delhi (hereinafter to be referred as 'the MoRTH') for the purpose of building (widening to 4-lane with paved shoulder etc.), maintenance, management and operation of National Highway No.65 vide Notification No.S.O.2151(E) dated 12.07.2013 issued under Section 3A of the National Highways Act, 1956 (hereinafter to be referred as 'the NH Act of 1956') and objections from the interested persons were invited. Declaration of acquisition of land of the petitioners was issued under Section 3D of the NH Act of 1956 vide Notification No.S.O.1213(E) dated 05.05.2014. The Land Acquisition Officer issued the award dated 20.11.2014 while determining the compensation.

(3.) Learned counsel for the petitioners has argued that it is admitted position that though the award was passed on 20.11.2014 but the compensation was not paid to the petitioners up to 31.12.2014. It is contended that after determining the compensation vide award dated 20.11.2014, the requisition for amount of award was sent and admittedly the same was received on 05.01.2015. It is argued that as per Section 24 of the Acquisition Act of 2013 and as per the clarifications issued by the MoRTH and the National Highways Authority of India, New Delhi (hereinafter to be referred as 'the NHAI') from time to time, the petitioners are entitled to get the compensation as per the provision of Acquisition Act of 2013 and not as per the provision of NH Act of 1956.