Devendra Kumar Upadhyaya, Mohd. Faiz Alam Khan - (1.) Heard learned counsel for the petitioners, learned State Counsel representing the State-respondents and Dr. Shikha Srivastava, learned counsel appearing for Union of India. Ms. Samidha has also been heard for National Highways Authority of India. It appears that certain land belonging to the petitioners was acquired for the purposes of road widening under the provisions of the National Highways Act, 1956 (hereinafter referred to as 'the Act, 1956'). Accordingly, in terms of the provisions of the Act, 1956 the competent authority has determined the compensation vide order dated 12.07.2019 and has given a notice to the petitioners dated 13.07.2019 to accept/receive compensation. The petitioners are aggrieved by quantum of compensation which has been notified to be received by them in the notice dated 13.07.2019 which has been annexed at page 16 of the writ petition. So far as the computation and enhancement of compensation for the land acquired under the Act, 1956 is concerned, the provisions contained therein provide for a complete code, which inter alia provides that the competent authority shall determine the amount under section 3G(1) of the Act, 1956 after giving a public notice and requiring all concerned to appear in person to state the nature of the interest involved in such land. Sub section 5 of Section 3G of the Act, 1956 provides that if the amount determined by the competent authority is not acceptable to either of the parties, the amount shall, on an application by either of the parties, be determined by the arbitrator to be appointed by the Central Government. Ms. Samidha, learned counsel representing the National Highways Authority of India has stated that under sub section 5 of section 3G of the Act, 1956 District Collector/Magistrate in every district of State of Uttar Pradesh has been appointed to act as arbitrator and as such instead of filing of this writ petition under Article 226 of the Constitution of India the petitioners should approach the District Collector for determining the issues raised by them in arbitration proceedings in terms of the provisions contained in sub section 5 of section 3G of the Act, 1956. What we find is that there are certain factors which have been provided statutorily in the form of section 3G (7) of the Act to be taken into consideration for determining the quantum of compensation to be paid to a person whose land is acquired. However, on enactment of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as 'the New Land Acquisition Act, 2013) the principles governing the calculation of compensation to be paid where some land is acquired have undergone a change. Section 113 of the New Land Acquisition Act, 2013 permits the Central Government to make statutory orders for removing difficulty arises in giving effect to the provisions of the New Act, 2013. In exercise of the said power conferred in the Central Government under section 113 of the aforesaid Act "the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015" (hereinafter referred to as ‘the Removal of Difficulties Order, 2015') has been made which has been published in the official gazette on 28.08.2015. The said Removal of Difficulties Order, 2015 has come into force with effect from 1st of September, 2015. The Removal of Difficulties Order, 2015 is extracted herein below: "1.(1) This Order may be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015. (2) It shall come into force with effect from the 1st day of September, 2015.
(2.) The provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with Act, 2013 relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act." The Removal of Difficulties Order, 2015, as stated above, has statutory force having been issued in exercise of powers conferred by the Central Government under section 113 of the New Land Acquisition Act, 2013. It provides that provisions of New Land Acquisition Act shall be applicable for the purposes of determination of compensation in accordance with the First Schedule appended to the said Act in all cases of land acquisition under the enactments which are specified in the Fourth Schedule to this Act. Fourth Schedule appended to New Land Acquisition Act, 2013 has 13 entries and entry no.7 is in relation to the Act, 1956 (Act No.48 of 1956). Thus, there cannot be any doubt or dispute that any acquisition made under the Act, 1956 on or after 1st September, 2015 will be governed for the purposes of computation of compensation by the First Schedule appended to the New Land Acquisition Act, 2013. The First Schedule appended to the said Act provides various factors and principles which are to be taken into consideration and followed for the purposes of computing the compensation to be paid. The notification under section 3(D) of the Act relating to declaration of acquisition under the Act, 1956, in this case is said to have been issued on 16.06.2013. There does not appear to be any consensus between the learned counsel appearing of the petitioners and the learned counsel representing the National Highways Authority of India as to whether compensation in this case is to be calculated in terms of the Removal of Difficulties Order, 2015. However, we refrain ourselves from making any observation in regard to the said issue and dispose of this petition giving liberty to the petitioners to approach the District Magistrate under 3G(5) of the Act requesting him to redetermine the compensation by taking recourse to arbitration proceedings. If the petitioners approach the District Magistrate by invoking section 3G(5) of the Act, 1956 the District Magistrate shall accordingly take appropriate steps for re-determination of compensation by the process of arbitration and such process in all respects shall be completed as early as possible.s ;