Idrish and 18 Others v. Union of India and 3 Others

Court No. - 46 Case :- WRIT - C No. - 40841 of 2023 Petitioner :- Idrish And 18 Others Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Suhas Subhash Mehta,Rahul Gaur Counsel for Respondent :- A.S.G.I.,C.S.C.,Sudarshan Singh Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J. Learned counsel for the petitioner states that in similar facts and circumstances another writ petition filed before this Court No. 2782 of 2023 has been disposed of on following terms:- "9. Lastly the writ petitions have been disposed of with the following directions:- "For the above, without entering into the merits of the claim of the petitioner, it is directed that the competent authority under the National Highways Act, 1956 shall prepare a proposal for the rehabilitation and resettlement award for affected families, within the meaning of Section 3(c) of the Act, 2013, in terms of the entitlements provided in the Second Schedule, with the assistance of the officers of the NHAI and submit the same before the Collector for making award in accordance with the provisions of Section 31 of the RECTLARR Act, 2013. For preparation of the said proposal, the competent authority shall make necessary enquiry as per the provisions of the Sections 34, 35 and 36 of the RECTLARR Act, 2013 as contained in Chapter V of the Act, 2013, i.e before preparation of the rehabilitation and resettlement award, in relation to the acquisition in question. It goes without saying that the representatives of the National Highways Authority and the affected tenure holders are entitled to participate in the proceedings for preparation of the award. The claim of the petitioners herein for the entitlements under the Second Schedule at serial no. (1) for provision of housing unit in case of displacement; serial no. (4) choice of annuity and employment and serial no. (10), one time resettlement allowance, shall be specifically considered by the competent authority in making such an award. The entire exercise shall be completed, as expeditious as possible, preferably, within a period of six months from the date of receipt of copy of this order. We may make it clear that, at this stage, no direction has been given for providing benefits of Third Schedule as no such demand has been raised by the petitioners herein. In any case, while making such an award, independent consideration shall be given to the elements of rehabilitation and resettlement entitlements for the affected families provided in the Second Schedule, without being influenced by any of the observations made hereinabove."

¶10The petitioners herein are similarly situated and, therefore, are entitled for the same relief.

¶11The present writ petition is, accordingly, disposed of." Same protection is sought in the facts of the present case also. Sri Sudarshan Singh, learned counsel appearing on behalf of NHAI and Sri Suhas S. Mehta for the respondent no. 4 do not dispute that the claim of the petitioner is identical and they have no objection in case, the instant petition is also disposed of in same terms. Accordingly, the instant petition is disposed of in terms of the order quoted above. Order Date :- 28.11.2023 Ranjeet Sahu High Court of Judicature at Allahabad