Order to have serious financial implications on NHAI, but will benefit around one lakh land owners
The Gujarat High Court on Monday quashed and set-aside the 'poor compensation' awarded to several landowners whose plots were acquired by the National Highway Authority of India (NHAI) for the construction, expansion, and widening of NH 8-E (51) between Bhavnagar and Veraval, and the Vadodara-Mumbai Expressway.
The court has also remanded the matter back to the competent authorities who are supposed to redetermine the compensation afresh in accordance with law. It also disposed of the 12 petitions filed by farmers and landowners of Bharuch, Surat, and Bhavnagar districts after a consensus arrived between the landowners as well as the land acquiring authorities.
The order passed by division bench of Justice SR Bhahmbhatt and Justice Umesh Trivedi will have serious financial implications on NHAI, but will greatly benefit the landowners and farmers, who were allegedly not paid the right compensation. Counsel for the petitioners Anand Yagnik said the court's order is going to, directly and indirectly, benefit around a lakh landowners.
Notably, the petitioners had challenged the legality and validity of the manner and method adopted by the land acquisition officer in arriving at the amount of compensation as well as the compensation awarded to them.
As per details, the petitioners had challenged the compensation awards passed between June 2016, and February 2018, post the notification for land acquisition issued on March 21, 2016. It was their contention that as per an August 28, 2015, notification of the Centre, compensation to landowners and determination of market value under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, will be applicable on land acquisitions under National Highways Act, 1956. The petitioners submitted that as per Section 26 of the Act of 2013, the collector has not revised and updated the market value of the land before initiating the land acquisition. On the contrary, the jantri rates of 2011, has been relied upon for determining the market value of land for acquisition. Notably, Section 26 of the Act deals with determination of the market value of land by the collector.
FACT BOX
As per details, the petitioners had challenged the compensation awards passed between June 2016, and February 2018, post the notification for land acquisition issued on March 21, 2016.
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