VIKRANT HAPPY HOMES PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the learned counsel for parties, heard finally.

(2.) The question that arises for consideration in this petition is, as to whether the notification and Government Resolutions (hereinafter referred to as the GRs), issued by the respondent No.3-State Government, pertaining to applicability of multiplier factor of 1.00, can apply to acquisition proceedings undertaken in pursuance of notification issued by the respondent No.1-Union of India (hereinafter referred to as the Central Government), under Sec. 3-A(1) of the National Highways Act, 1956 (hereinafter referred to as the National Highways Act), for national highway project implemented by the respondent No.5-National Highways Authority of India (hereinafter referred to as NHAI). Particularly when the Central Government, by notification issued under Sec. 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the Act of 2013), had specifically notified the multiplier factor to be 2.00. In other words, the petitioners object to respondent No.3-State Government effectively reducing the multiplier factor from 2.00 to 1.00, although the acquisition of the subject lands is at the instance of respondent No.1-Central Government for the NHAI to construct/widen the national highway. In this judgment, the expression 'multiplier' is being used in respect of the factor by which the market value of the acquired property, is to be multiplied.

(3.) The petitioners are the owners of land situated in Gat No.138 and 143 pt. in Village Odha, District Nashik. On 1/11/2021, by exercising power under Sec. 3-A(1) of the National Highways Act, the respondent No.1-Central Government issued notifications for acquisition of lands, including the land belonging to the petitioners, for public purpose of Surat-Nashik- Ahmednagar Greenfield Sec. of the national highway in Nashik district. The said notification specifically invited objections from interested persons under Sec. 3-C of the National Highways Act.