Sangeet Lodha, J. - (1.) These intra court appeals are directed against the orders dated 5.5.2018 and 14.5.2018 passed by the learned Single Judge of this Court, whereby the writ petitions preferred by the respondents-writ petitioners seeking directions to the appellants herein to redetermine the amount of compensation payable for the acquisition of the land, adhering to the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013") have been allowed.
(2.) The facts relevant are that the agriculture land of the respondents/khatedar tenants situated at villages Boranada, Salawas, Heera Khera, Tehsil-Luni, District-Jodhpur were acquired by the State Government under the provisions of Rajasthan Land Acquisition Act, 1894 (for short "the Act of 1894") for establishment of Rajasthan Industrial Development and Investment Corporation Limited (RIICO) Industrial Area. The notification under Section 4 of the Act of 1894 for proposed acquisition was issued on 16.8.2010. The declaration under Section 6 was issued vide notification dated 10.8.2011. After following the procedure laid down and prior approval of the State Government, the award determining the compensation payable inter alia to the respondents-writ petitioners was passed by the Land Acquisition Officer-cum-Sub Divisional Officer on 24.9.2013. The Land Acquisition Officer issued notice of the award under Section 12 of the Act of 1894 to the persons interested on 28.12.2015. The respondents-writ petitioners made representation claiming that as the amount of compensation has not been deposited/paid in respect of a majority of land holdings in the account of beneficiaries and therefore, by virtue of proviso to Section 24, they are entitled to compensation in accordance with provisions of the Act of 2013. However, the amount of compensation offered to the respondents-writ petitioners by cheques was accepted by them under protest. The prayer for redetermination of the compensation made as aforesaid was not acceded to by the Land Acquisition Officer and therefore, while claiming the relief as aforesaid, the respondents preferred writ petitions before this Court, which stand allowed by the learned Single Judge. Hence, these appeals.
(3.) The learned Single Judge has allowed the writ petitions relying upon a coordinate Bench decision dated 22.1.2018 rendered in S.B.C.Writ Petition No.11688/2016 (Vikas Construction Company vs. Union of India & Ors.) and other connected petitions, the operative portion whereof reads as under: "As observed earlier, the admitted position in these cases is that though the award was passed on 20.11.2014 but the sanction of compensation amount was received only on 05.01.2015 and, therefore, it is clear that the compensation to the petitioners was not paid on or before 31.12.2014 and in that situation as per the latest guidelines issued by the MoRTH on 28.12.2017, compensation would be payable to the petitioners in accordance with the First Schedule of Acquisition Act of 2013. In view of the above discussions, these writ petitions are disposed of with the direction to the respondents to redetermine the compensation amount, awarded to the petitioners, and revise the award dated 20.11.2014 as per the First Schedule of the Acquisition Act of 2013 within a period of three months from the date of production of certified copy of this order.";