PUSHPENDRA SINGH BHATI, J. - (1.) The petitioners have preferred this writ petition making the following prayers:- "(i) declaring observation/interpretation by Respondent No. 1 vide press note non-complaint with the RFCLARR Act and is unconstitutional being discriminatory, arbitrary and violative of Article 14 of the Constitution of India. (ii) to declare to the effect that the section 105 RFCLARR Act is ambiguous, vague, against the principle of reasonable classification inasmuch as it irrationally differentiates/denies solatium to the cases of land acquisition under Act of 1956 inter alia enactments specified in Fourth Schedule for want of discharge of mandatory obligation by Executive/Respondents; (iii) to declare to the effect that the Section 105 RFCLARR Act is ambiguous, vague, against the principle of reasonable classification inasmuch as it irrationally differentiates/denies solatium to the cases of land acquisition under Act of 1956 inter alia enactments specified in Fourth Schedule for want of accidental omission of the objectives guidelines/words "from the date of commencement of the RFCLARR Act' or 'with effect to 01.01.2014' after the word 'Fourth Schedule" of Section 105(3); (iv) to quash the Award No. 70/2014 dated 07.07.2014 in respect of the petitioners No. 1 and 2's land comprised in Khasra Nos. 253 measuring 0.0811 Hec(acquired land) in village Mujras, Teh and Distt. Bhilwara, and Award No. 82/2014 dated 07.07.2014 in respect of the petitioners no.1's land comprised in Khasra Nos. 212 measuring 0.0150 Hec (acquired land) in village Mujras, The Distt. Bhilwara, and Award No. 85/2014 dated 07.07.2014 in respect of the petitioners No.1, 2 and 3's land comprised in Khasra Nos.176, 173 and 172 measuring 0.0468+0.1075+0.0760 Hec (acquired land) in village Mujras, Teh and Distt. Bhilwara inasmuch as impugned awards denies solatium @ 100% to the petitioners. (v) to declare that the provisions of the RFCLARR Act relating to determination of compensation in accordance with First Schedule would be applicable to the acquisition proceedings initiated under section 3A of the Act of 1956, in respect of which Award No. 70/2014 dated 07.07.2014 was made, inter alia, in respect of the petitioners no.1 and 2's land comprised in Khasra Nos.253 measuring 0.0811 Hec (acquired land) in village Mujras, Teh and Dist. Bhilwara, and in respect of which Award No. 82/2014 dated 07.07.2014 was made, inter alia, in respect of the petitioners No. 1's land comprised in Khasra No. 212 measuring 0.0150 Hec (acquired land) in village Mujras, Teh and Distt. Bhilwara, and in respect of which Award No. 85/2014 dated 07.07.2014 was made, inter alia, in respect of the petitioners No. 1, 2 and 3's land comprised in Khasra No. 176, 173 and 172 measuring 0.0468+0.1075+0.0760 Hec(acquired land) in village Mujras, Teh and Distt. Bhilwara. and consequently, modifying the Award No. 70/2014 dated 07.07.2014 in respect of the petitioners NO.1 and 2's land comprised in Khasra Nos.253 measuring 0.0811 Hec(acquired land) in village Mujras, Teh and Distt. Bhilwara, and Award No. 82/2014 dated 07.07.2014 in respect of the petitioners no.1's land comprised in Khasra Nos.212 measuring 0.0150 Hec (acquired land) in village Mujras, Teh and Distt. Bhilwara, and Award No. 85/2014 dated 07.07.2014 in respect of the petitioners No. 1, 2 and 3's land comprised in Khasra Nos. 176, 173 and 172 measuring 0.0468+0.1075+0.0760 Hec (acquired land) in village Mujras, Teh and Distt.Bhilwara be modified to the extent of imposing a solatium at the rate of hundred percentum of the amount determined as compensation; (vi) any other writ, order or direction as may be deemed fit and proper in the facts and circumstances of the case in favour of the Petitioners. (vii) award costs to the Petitioners from the contesting respondents."
(2.) Brief facts of this case, as noticed by this Court, are that the petitioners are tenants/owners of the land comprised in khasra No. 253, 176, 173, 172 and 212 in the vicinity of National Highway No. 758 passing through Rajsamand and Bhilwara at Village Mujras, Tehsil and District Bhilwara. The respondents made a publication of intention to acquire the land under Section 3A of the National Highways Act, 1956 (hereinafter referred to as 'the Act of 1956') and subsequent declaration under Section 3D of the Act of 1956 in the year 2013 in order to determine the compensation payable. The claims from the affected owners were invited under sub-section (3) of Section 3G of the Act of 1956.
(3.) While the proceedings of the land acquisition were going on, new legislation namely, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013') was enacted by the Parliament of India. The Act of 2013 was brought into force with effect from January 01, 2014, and thus, the benefit/compensation was accordingly being accorded to the sufferers of the land acquisition.;