(Ashok Bhushan and R. Subhash Reddy, JJ.)
Civil Appeal No. 1663 of 2020 [Arising out of SLP (Civil) No. 7984 of 2016], decided on February 13, 2020
Prabhat __________________________________________ Appellant;
v.
State of Rajasthan and Others ______________________ Respondent(s).
With
Civil Appeal No. 1664 of 2020
(Arising out of SLP (Civil) No. 8034 of 2016)
Civil Appeal No. 1665 of 2020
(Arising out of SLP (Civil) No. 8070 of 2016)
Civil Appeal No. 1663 of 2020 (Arising out of SLP (Civil) No. 7984 of 2016); Civil Appeal No. 1664 of 2020 (Arising out of SLP (Civil) No. 8034 of 2016); and Civil Appeal No. 1665 of 2020 (Arising out of SLP (Civil) No. 8070 of 2016)
The Order of the court was delivered by
Order
1. Leave granted.
2. Heard learned counsel for the parties.
3. These appeals have been filed against the order of the High Court dated 27.01.2016 passed in DB Civil Misc. Stay Application Nos. 10170/2015, 10166/2015 & 10167/2015 in DB Civil Special Appeal (Writ) Nos. 751/2015, 747/2015 & 748/2015 by which order the High Court has vacated the ex parte interim order dated 24.08.2015 and the application for stay was dismissed. The writ petitioners aggrieved by the order have come up in this appeal. The interim order was passed in these appeals. On 09.01.2020 when the matter was heard, learned counsel for the appellants submitted that he has to obtain instructions. Learned counsel submitted that in event the appellants are given compensation as per Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the “2013 Act”) they have no objection. It is further submitted by the learned counsel for the appellants that the award, which has been passed under the Land Acquisition Act 1894 (hereinafter referred to as “1894 Act”), needs to be substituted by a fresh award under 2013 Act.
4. Learned counsel for the State submits that in fact in the award, which was passed on 07.01.2015, the award was approved by the State Government with the condition that 2013 Act shall be implemented and present prevailing compensation amount would be deducted and remaining amount should be paid to the beneficiary. He submits that the respondents are agreeable to pass fresh award under the 2013 Act within a period of two months from today.
5. In view of the aforesaid statements, we are of the view that these appeals deserve to be disposed of maintaining the impugned order of the High Court with the condition that the respondents shall prepare a fresh award as per the 2013 Act within two months from today. We further observe that after the award is given, within two months thereafter the entire payment shall be made.
6. In view of the aforesaid, nothing remains in the writ appeals to be decided. The DB Civil Special Appeal (Writ) Nos. 751/2015, 747/2015 & 748/2015 are also disposed of accordingly. Order accordingly.
Petition(s) for Special Leave to Appeal (C) No(s).7984/2016
Prabhat __________________________ Petitioner(s)
v.
The State of Rajasthan and Ors ______ Respondent(s)
With
SLP(C) No. 8034/2016 (XV)
SLP(C) No. 8070/2016 (XV)
Date: 13-02-2020 These petitions were called on for hearing today.
(Before Ashok Bhushan and R. Subhash Reddy, JJ.)
For Petitioner(s) Mr. Abhishek Singh, AOR
For Respondent(s)
Dr. Manish Singhvi, Sr. Adv.
Mr. Ajun Bhandari, AOR
Mr. Shitij Chakravarty, Adv. Mr. Arpit, Adv.
Mr. Milind Kumar, AOR
Mr. Santosh Sharma, Adv.
UPON hearing the counsel the Court made the following
ORDER
7. Leave granted.
8. The appeals are disposed of in terms of the signed order.
9. Pending application(s), if any, stands disposed of.
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