- (1.) Instant petition has been filed by the petitioner claiming to be lawful owner and is in possession of the subject land in question in reference to which acquisition proceedings have been initiated under the National Highways Act,1956 and has made the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court be pleased to call for the entire record relating to the land acquisition process of petitioners holdings acquired by the National Highway Authority Khasara No. 2057 in revenue village Kayad of Ajmer District wherein agriculture holdings of the petitioners is located and after perusing the same may kindly be pleased to accept and allow this writ petition and further be pleased to: (i) Issue writ of Certiorari commanding the answering respondents thereof and thereby writ order or direction the provision of selection 3J of the National Highways Act, 1956. So far as it relates to the determination of compensation be declared ultra vires of the provision of article 13 and 14 of the constitution of India in relation the provision of section 26, 27, 28 and 30 read with the schedule attached to the right to fair compensation and transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 and same be quashed up to that extent. (ii) By any kind of writ order or direction the non petitioner be directed to determine the compensation of the land and structures of the petitioners situated in village Kayad acquired under impugned award dated 17.04.2015 not less than as per the provision and criteria of the right to fair compensation and transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 and further non-petitioners be directed to modify the award dated 17.04.2015 up to that extent and the compensation so determined be directed to be paid to the petitioners immediately. (iii) By any kind of writ order or direction the non-petitioners be directed to determine the market value of the property of the date of the notification under section 3D of the aforesaid act of 1956 and multiply it 4 time of the award as per new law" (iv) Any other order or direction, which this Hon'ble Court deems just and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioners and Cost of the writ petition may also be awarded in favour of the petitioners."
(2.) Counsel submits that what is being prayed for in the instant petition has been examined and decided by the Coordinate Bench in D.B. Civil Writ Petition No.17844/2016 along with other connected petitions vide judgment dated 2-2-2017.
(3.) In view of the order passed by the Coordinate Bench dated 2-2- 2017, the petitioner is at liberty to approach the competent authority under section 3G (5) of the National Highways Act,1956 and if such application is filed it is expected from the authority to decide the same expeditiously in accordance with law.;