GOPA RAM S/O BHANWARA RAM Vs. UNION OF INDIA
LAWS(RAJ)-2018-1-136
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
Decided on January 22,2018

Gopa Ram S/O Bhanwara Ram Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) These writ petitions have been filed by the petitioners under Article 226 of the Constitution of India with the common prayer for granting the following reliefs in each of the writ petitions :-
(2.) It is, therefore, most respectfully prayed on behalf of the petitioner that the writ petition may kindly be allowed and by an appropriate writ, order or direction :- A. The respondents may kindly be directed to comply with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 so as to the compensation, rehabilitation and resettlement in accordance with the First Schedule, Second Schedule and Third Schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; B. In the alternative the respondents may kindly be directed to follow all the provisions given under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to which the petitioner is entitled to; C Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner. D. Cost of the writ petition may kindly be awarded to the petitioner.
(3.) The facts, which are not in dispute, are that the Ministry of Road, Transport and Highways, Government of India, New Delhi (hereinafter to be referred as 'the MoRTH') sought to acquire the land belonging to the petitioners and others for the purpose of building (widening to 4-lane with paved shoulder etc.), maintenance, management and operation of National Highway No.65 vide Notifications dated 12.07.2013 and 26.02.2014 issued under Section 3A of the National Highways Act, 1956 (hereinafter to be referred as 'the NH Act of 1956'), whereby the Sub Divisional Magistrate, Rohat was appointed as Competent Authority and Land Acquisition Officer (hereinafter to be referred as 'the CALA'). Thereafter, the declaration of acquisition of land of the petitioners were issued under Section 3D of the NH Act of 1956 vide Notifications dated 26.02.2016 and 16.06.2014 respectively. The final awards under Section 3G of the NH Act of 1956 were issued on 31.07.2014 and 17.09.2014 respectively.;


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