NATIONAL THERMAL POWER CORPORATION LTD. Vs. VEDANT MODI

JUDGEMENT

(1.) This batch of writ appeals preferred under Sec. 2(1) of the Chhattisgarh High Court (Appeal to Division Bench) Act, 2006, are directed against the impugned order (common) passed by learned Single Judge allowing the writ petitions holding that the writ petitioners (private respondents herein) are entitled for compensation under the provisions of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013).

(2.) Since common facts and question of law are involved in this batch of writ appeals, they have been clubbed together, heard together and being disposed of by this common judgment. For disposal of these appeals, Writ Appeal No. 361 of 2022, arising out of order dtd. 12/5/2022 passed in Writ Petition (C) No. 2899 of 2020, and connected cases, is taken as the lead case.

(3.) The facts, in nutshell, are that the lands of the writ petitioners were subject to the land acquisition proceedings by issuance of a notification under Sec. 4 of the Land Acquisition Act,1894 (for short, the Act of 1894) on 22/9/2012 (Annexure P/2 to the writ petition) followed by notification under Sec. 6 of the Act of 1894, issued on 30/4/2013 (Annexure P/3 to the writ petition). A notice under Sec. 9 of the Act of 1894 was issued for public hearing providing an opportunity to raise objection vide notification dtd. 27/5/2013. Thereafter, the award was passed on 11/11/2013 (Annexure P/4 to the writ petition) under Sec. 11 of the Act of 1894 and the possession of the land of the writ petitioner was taken admittedly on 9/12/2013. It is the case of the writ petitioner that the award dtd. 11/11/2013 (Annexure P/4 to the writ petition) was not given effect to and the Land Acquisition Officer/respondent No. 3 passed a second and amended award on 6/5/2014. In the meanwhile, the Act of 2013 came into force with effect from 1/1/2014, and therefore, the writ petitioners are entitled to compensation under the provisions of the Act of 2013 in view of Sec. 24 of the Act of 2013 and also for the reason as per award dtd. 11/11/2013 neither compensation was paid nor the writ petitioners were noticed in compliance of Sec. 12(2) of the Act of 1894. Compensation has been paid after lapse of more than 5 years without any interest and resettlement and rehabilitation amount on 16/6/2020. Accordingly, writ petitions were filed seeking appropriate writ/direction for determination, payment of compensation and consequential benefits of interest for subject acquisition, in accordance with the provisions of the Act of 2013.