- (1.) Heard Sri Anurag Khanna learned counsel for the petitioners.
(2.) This writ petition has been filed questioning the determination of compensation under the National Highways Act, 1956 on the ground that the petitioners are entitled to the benefits under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(3.) The petition was entertained and the following order was passed on 26.5.2014. Hon'ble Vineet Saran,J. Hon'ble Naheed Ara Moonis,J. By means of this writ petition, the petitioners are not challenging the acquisition of land under the provisions of the National Highways Act, 1956. They are only aggrieved by the compensation which is being given to them as according to the petitioners they would be entitled to the benefit of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for which the learned counsel for the petitioners relies on Sub-section (3) of Section 105 of the said Act. According to the petitioners the Central Government is obliged to issue notification covering the cases of acquisition of land which fall under the National Highways Act to be given the benefit of the Act of 2013. Let a counter affidavit be filed by the respondents. Sri Pranjal Mehrotra has put in appearance on behalf of respondent no. 1, Sri Mohammad Ali and Sri Devendra Kumar has accepted notice on behalf of the respondent no. 2 and the learned Standing Counsel for the respondents no. 3 and 4. They may file counter affidavit within a month. The petitioners shall have two weeks thereafter to file rejoinder affidavit. List immediately thereafter. It is clarified that the learned counsel for the petitioners has stated that the petitioners will not interfere in the construction of road and will not claim possession of the land which had been notified for acquisition which has already been deemed to have vested in the Central Government. Sri Anurag Khanna, learned counsel for the petitioners has also stated that the determination of compensation may be stayed until further orders of this Court as according to the petitioners once compensation is determined, re-determination of such compensation under the provisions of the Act of 2013 shall become meaningless. He has further stated that the determination of compensation is for the benefit of the petitioners which the petitioners want to forego untill further order which may be passed by this Court. The said prayer appears to be reasonable. As such, we direct that the determination of compensation under the provisions of the National Highways Act, 1956 shall remain stayed. The names of S/Sri Pranjal Mehrotra, Mohammad Ali and Devendra Kumar shall be shown as counsel for the respondent when the case is listed next. Order Date :- 26.5.2014";