DILIP GUPTA,SIDDHARTHA VARMA,J. - (1.) These petitions have been filed for quashing the notification dated 30 October 2002 issued under Section 4(1) of the Land Acquisition Act, 1894(1) by which land measuring 74.277 1/2 hectares in 22 villages in District Varanasi was acquired for construction of Varanasi-Bypass (Ring Road) through the National Highway Division No.-1 of the Public Works Department in Varanasi. In some of the writ petitions, prayer has also been made for payment of compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013(2) by treating the date of the award of the Collector as the date on which the market value of the land should be determined. 1 the 1894 Act.
(2.) the 2013 Act. 2. It transpires from the records of the writ petitions that after the publication of the notification under Section 4(1) of the 1894 Act, declaration under Section 6 of the 1894 Act was made on 29 November 2003 and awards were made in 2015 and 2016. The respondents have determined the market value of the land treating 1 January 2014 (the date on which the 2013 Act came into force) as the date on which the market value of the land should be determined.
(3.) During the course of hearing of the writ petitions, Sri M.D. Singh 'Shekhar', learned Senior Counsel for the petitioners assisted by Sri K.S. Shukla, however, stated that the petitioners in larger public interest are not challenging the acquisition proceedings but are only interested in payment of compensation under the provisions of the 2013 Act but the date of the award of the Collector should be treated as the date on which the market value of the land should be determined. To support his contention for enhancement of the compensation, learned Senior Counsel has placed before the Court the provisions of sub-sections (1) and (2) of Section 24 of the 2013 Act as also the award dated 3 April 2015 enclosed with the supplementary affidavit that was made for land that was acquired in Pargana-Shivpur, Tehsil Sadar-Varanasi in District Varanasi by the National Highways Authority of India(3)for widening of the road. 3. the Authority.;