Case Note & Summary
The High Court allowed a writ petition filed by landowners challenging the State Government's notification and Government Resolutions that specified a multiplier factor of 1.00 for land acquisition compensation in national highway projects. The Court held that for national highway projects implemented by NHAI, the Central Government is the 'appropriate Government' under the RFCTLARR Act, 2013, and therefore its notification dated 09.02.2016 specifying a multiplier factor of 2.00 prevails over the State Government's notifications. The State Government's notification dated 05.10.2021 and Government Resolutions dated 06.10.2021 and 14.01.2022 were quashed to the extent they applied to national highway land acquisitions. The award dated 13.01.2023 was set aside to the extent it applied multiplier factor of 1.00, and the respondents were directed to apply multiplier factor of 2.00 as per the Central Government notification.
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- heard a writ petition challenging the applicability of State Government notifications specifying multiplier factor of 1.00 for land acquisition for national highways -- The petitioners owned land in Village Odha, District Nashik, acquired for Surat-Nashik-Ahmednagar Greenfield Section of national highway -- The Central Government issued notification under Section 3-A(1) of the National Highways Act, 1956 on 01.11.2021 -- The Central Government had earlier issued notification dated 09.02.2016 under Section 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 specifying multiplier factor as 2.00 -- The State Government issued notification dated 05.10.2021 and Government Resolutions dated 06.10.2021 and 14.01.2022 specifying multiplier factor as 1.00 for national highways -- The petitioners objected under Section 3-C of the National Highways Act, 1956 -- The Competent Authority rejected objections on 27-28.01.2022 -- The award dated 13.01.2023 applied multiplier factor of 1.00 -- The Court held that for national highway projects, the Central Government is the 'appropriate Government' under Section 3(e)(v) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 -- The State Government notifications were quashed to the extent they applied to national highway acquisitions -- The Central Government notification dated 09.02.2016 specifying multiplier factor of 2.00 was held applicable
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Issue of Consideration: Whether the notification and Government Resolutions issued by the State Government, pertaining to applicability of multiplier factor of 1.00, can apply to acquisition proceedings undertaken in pursuance of notification issued by the Central Government under Section 3-A(1) of the National Highways Act, 1956, for national highway project implemented by NHAI, particularly when the Central Government by notification issued under Section 30(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 had specifically notified the multiplier factor to be 2.00
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Final Decision
The High Court allowed the writ petition, quashed the State Government's notification dated 05.10.2021 and Government Resolutions dated 06.10.2021 and 14.01.2022 to the extent they applied to national highway land acquisitions, set aside the award dated 13.01.2023 to the extent it applied multiplier factor of 1.00, and directed respondents to apply multiplier factor of 2.00 as per Central Government notification dated 09.02.2016
