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TMI Blog2018 (1) TMI 1657X X X X Extracts X X X X X X X X Extracts X X X X ..... le at Serial No.7 - it is clear that the applicability of the Acquisition Act of 2013 has been given effect in respect of the enactment specified in Fourth Schedule including the NH Act of 1956 with effect from 01.01.2015. It is to be noticed that as per Sub-section (3) of Section 105 of the Acquisition Act of 2013 (as amended), the provision of the Acquisition Act of 2013 relating to the determination of compensation in accordance with the First Schedule, rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule have only been applied in the NH Act of 1956 and Section 24 of the Acquisition Act of 2013 is not made applicable to the acquisitions made under the NH Act of 1956 - it is held that Section 24 of the Acquisition Act of 2013 has no application in the acquisition proceedings under the NH Act of 1956. Whether the determination of compensation in lieu of the acquisition of land of the petitioners is to be determined as per the First Schedule of the Acquisition Act of 2013 or not? - HELD THAT:- It is not in dispute that the final awards in respect of the notification issued under Section 3A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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. 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 da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e made applicable to the NH Act of 1956 and, therefore, the contention of learned counsel for the petitioners to the effect that the petitioners are entitled to get the compensation as per the provision of Acquisition Act of 2013by virtue of Section 24 of the said Act, is having no force. It is further argued by the learned counsel for the respondents that the compensation, in lieu of land acquired by the petitioners, cannot be determined as per the First Schedule of the Acquisition Act of 2013 because prior to 31.12.2014, the final awards were passed and the MoRTH as well as PWD had already deposited the whole compensation amount with the CALA before31.12.2014. It is specifically contended that in lieu of the notifications issued under Section 3A of the NH Act of 1956 on 12.07.2013 and26.02.2014, the whole amount of compensation was deposited with CALA on 01.10.2014 and 31.10.2014 respectively. Learned counsel for the respondents have, therefore, prayed that the compensation, in lieu of land acquisition of the petitioners, is not liable to be determined as per the First Schedule of the Acquisition Act of 2013 because the whole compensation amount was deposited with CALA b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elopment, Government of India issued the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Removal of Difficulties) Order, 2015 vide Notification dated 28.08.2015. The said Order is reproduced below:- (1) This Order may be called the Right to Fair Compensation and Transparency in Land Acquisition,Rehabilitation and Resettlement (Removal of Difficulties)Order, 2015. (2) It shall come into force with effect from the 1st day of September, 2015. (3) The provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, relating to the determination of compensation in accordance with the First Schedule,rehabilitation and resettlement in accordance with the Second Schedule and infrastructure amenities in accordance with the Third Schedule shall apply to all cases of land acquisition under the enactments specified in the Fourth Schedule to the said Act. From the above, it is clear that the applicability of the Acquisition Act of 2013 has been given effect in respect of the enactment specified in Fourth Schedule including the NH Act of1956 with effect from 01.01.2015. How ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in accordance with the First Schedule w.e.f. 01.01.2015; (c) In cases, where the process of acquisition of land stood completed (i.e. Award under Section 3G announced by CALA, amount deposited by the acquiring agency with the CALA, and compensation paid to the landowners in respect of majority of the land under acquisition) as on or before 31.12.2014, the process would be deemed to have been completed and settled. Such cases would not be re-opened. As per Clause-(b) of the above referred guidelines, it is clarified that where the award of compensation under Section 3Gof the NH Act of 1956 had been announced before 01.01.2015 but the full amount of award had not been deposited by the acquiring agency with the CALA, the compensation amount would be liable to be determined in accordance with the First Schedule of Acquisition Act of 2013. It is further clarified by Clause-(c) of the above referred guidelines that where the compensation had been deposited by the acquiring agency with the CALA and the compensation amount paid to the land owners in respect of the majority of the land under acquisition on or before 31.12.2014, the acquisition process would be deemed to have been ..... X X X X Extracts X X X X X X X X Extracts X X X X
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