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Judgment
RULE. Shri Rohan Yagnik, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent Nos.1 & 3 and Shri Ravi Karnavat, learned advocate waives service of notice of rule on behalf of respondent no.2.
In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing today.
By way of this petition under Article 226 of the Constitution of India petitioners original land owners, whose lands have been acquired for the railway authority for container depot but the day on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force the award was not declared, have prayed for the following reliefs;
(a) Be pleased to issue a writ of mandamus or certiorari or writ in the nature of mandamus or certiorari or any other writ, order or direction quashing and setting aside the order dated 27/05/2016 passed by respondent no.1 therein.
(b) Be pleased to issue a writ of mandamus or certiorari or writ in the nature of mandamus or
certiorari or any other writ, order or direction directing the respondents to determine the amount of compensation under the New Act and further to pay the additional compensation in accordance with such determination and further to extend the other benefits of the New Act to the petitioners.
It is not in dispute that as on 01/01/2014 i.e. the day on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force no award under Section 11 of the Land Acquisition Act, 1894 under which Act the lands of the petitioners have been acquired was declared. It is not in dispute that the lands in question of the petitioners have been acquired under the provisions of the Land Acquisition Act, 1894. However, no award was passed at least as on 01/01/2014. The award under Section 11 of the Land Acquisition Act have been made and declared on 03/03/2014. Under the Circumstances, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, more particularly, Sub Section (1) of Section 24 will come into play and the original land owners shall be entitled to the compensation of the acquired lands considering the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 relating to determination of the compensation. Identical question came to be considered by the Division Bench of this Court with respect to the lands acquired for the very purpose and by the judgment and order dated 27/04/2017 in Special Civil Application No.12831/2016 the Division Bench of this Court has passed the following order in paragraph 9;
On the short issue as above, we find that a case is made out to accept prayer of the petitioner to the extent that on the compensation so determined in the award dated 03/03/2014, Factor 2 shall have to be applied as provided under Section 26(2) of the Act, 2013, as the land in question, which is acquired is situated in rural area and the determination of compensation may have to be made accordingly by respondents, preferably within 8 weeks from receipt of the writ /order passed by this Court."
It is not in dispute that the petitioners as such are similarly situated to the petitioner of Special Civil Application No.12831/2016. Under the circumstances, they are entitled to the same relief, which the Division Bench has granted while passing the order in Special Civil Application No.12831/2016. Even otherwise considering Sub Section (1) of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and as observed hereinabove the day on which the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 came into force the award under Section 11 of the Land Acquisition Act was not declared for the acquired lands, the petitioners shall be entitled to compensation considering the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, more particularly, Section 26(2) .
In view of the above and for the reasons stated hereinabove, the present petition succeeds. It is held that the petitioners are entitled to the compensation for the acquired lands as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Respondents are directed to determine the compensation for the acquired lands considering the relevant provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pay the same with all other benefits, which may be available in law under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, within a period of three months from today. Rule is made absolute to the aforesaid extent. There shall be no order as to costs.