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NATIONAL HIGHWAY AUTHORITY OF INDIA, DEHRADUN v. JAGPAL SINGH

Supreme Court of India | Diary 10207/2024

Status

ROP

Decided On

12-09-2025

Bench

HON'BLE MS. JUSTICE BELA M. TRIVEDI and HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Petitioner

NATIONAL HIGHWAY AUTHORITY OF INDIA, DEHRADUN

Respondent

JAGPAL SINGH

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Full Judgment Text

ITEM NO.32 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL)………………….. Diary No. 43809/2025 [Arising out of impugned final judgment and order dated 01-04-2024 in WRITC No. 10579/2024 passed by the High Court of Judicature at Allahabad] NATIONAL HIGHWAYS AUTHORITY OF INDIA PETITIONER(S) VERSUS ABDUL LAEEK & ORS. RESPONDENT(S) (IA No. 209336/2025 - CONDONATION OF DELAY IN FILING) Date : 12-09-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) Mr. Tushar Mehta, Solicitor General Mr. Sumit Gupta, Adv. Ms. Jaikriti S. Jadeja, AOR Mr. Akshay Tiwari, Adv. Ms. Tanya Shrotriya, Adv. Mr. Shivang Goel, Adv. Ms. Juhi Bhargava, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. The delay of 402 days in filing the present petition is condoned in the facts and circumstances of the case. Accordingly, I.A. No. 209336/2025 is allowed. 2. Issue notice. 3. Tag with SLP(C)(D) No. 8886 of 2024. 4. In the meantime, the impugned judgment and order dated 01.04.2024 shall remain stayed. (SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.18 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL)…………………. Diary No. 43809/2025 [Arising out of impugned final judgment and order dated 01-04-2024 in WRITC No. 10579/2024 passed by the High Court of Judicature at Allahabad] NATIONAL HIGHWAYS AUTHORITY OF INDIA PETITIONER(S) VERSUS ABDUL LAEEK & ORS. RESPONDENT(S) (IA No. 209336/2025 - CONDONATION OF DELAY IN FILING) Date : 04-09-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE N.V. ANJARIA For Petitioner(s) Mr. Tushar Mehta, Solicitor General (N.P.) Mr. Sumit Gupta, Adv. Ms. Jaikriti S. Jadeja, AOR Mr. Akshay Tiwari, Adv. Ms. Tanya Shrotriya, Adv. Mr. Shivang Goel, Adv. Ms. Juhi Bhargava, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R At the request of learned counsel for the petitioner, list next week. (SNEHA DAS) (NIDHI MATHUR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.12 COURT NO.13 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.18675/2025 [Arising out of impugned final judgment and order dated 24-04-2024 in WRITC No. 13489/2024 passed by the High Court of Judicature at Allahabad] NATIONAL HIGHWAYS AUTHORITY OF INDIA Petitioner(s) VERSUS RAMPAL SINGH & ORS. Respondent(s) [IA No. 150797/2025 - CONDONATION OF DELAY IN FILING IA No. 150799/2025 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS] Date : 09-07-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) : Mr. Tushar Mehta, Solicitor General Mr. Sumit Gupta, Adv. Mr. Akshay Tiwari, Adv. Ms. Tanya Shrotriya, Adv. Mr. Kartikeya Singh, AOR Mr. Aditya Raj Singh, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Issue notice to the respondents returnable in four weeks. To be taken up along with SLP (C) Diary No.12061/2024. (KRITIKA TIWARI) (SAPNA BANSAL) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.38 COURT NO.11 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 9183/2024 [Arising out of impugned final judgment and order dated 21-02-2023 in WRITC No. 21607/2022 passed by the High Court of Judicature at Allahabad] NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RAJ KUMAR & ORS. Respondent(s) (IA No. 118296/2024 - INTERVENTION APPLICATION AND IA No. 147891/2024 - INTERVENTION/IMPLEADMENT) WITH SLP(C) No. 9213/2024 (XI) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 75060/2024, FOR impleading party ON IA 147997/2024 and FOR impleading party ON IA 178476/2024 SLP(C) No. 9981/2024 (XI) (IA No.80651/2024-CONDONATION OF DELAY IN FILING) SLP(C) No. 11299/2024 (XI) (Ready for listing before Court as per R/P dated 29.08.2024 IA No. 104815/2024 - EXEMPTION FROM FILING O.T.) Date : 11-12-2024 These matters were called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Venkita Subramoniam T.R, AOR For Respondent(s) Mr. Ajay Kumar Srivastava, AOR Mr. Swarnendu Chatterjee, AOR Mr. Syed Mehdi Imam, AOR Mr. Bhaskar Aditya , AOR 1

Dr. J. P. Dhanda, AOR Mr. Anilendra Pandey, AOR UPON hearing the counsel the Court made the following O R D E R 1. The matters are not taken up. 2. List after four weeks. (RAJNI MUKHI) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) 2

ITEM NO.55 REGISTRAR COURT SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Petition(s) for Special Leave to Appeal (C) No(s). 9183/2024 NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RAJ KUMAR & ORS. Respondent(s) IA No. 118296/2024 - INTERVENTION APPLICATION IA No. 147891/2024 - INTERVENTION/IMPLEADMENT) WITH SLP(C) No. 9213/2024 (XI) (FOR FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 75060/2024 FOR impleading party ON IA 147997/2024 FOR INTERVENTION/IMPLEADMENT ON IA 147997/2024 FOR impleading party ON IA 178476/2024 FOR INTERVENTION/IMPLEADMENT ON IA 178476/2024 IA No. 75060/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 178476/2024 - INTERVENTION/IMPLEADMENT IA No. 147997/2024 - INTERVENTION/IMPLEADMENT) SLP(C) No. 9981/2024 (XI) (IA No.80651/2024-CONDONATION OF DELAY IN FILING) Date : 21-10-2024 These matters were called on for hearing today. For Petitioner(s) Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Akshay Tiwari, Adv. Mr. Venkita Subramoniam T.r, AOR For Respondent(s) Mr. Ajay Kumar Srivastava, AOR Mr. Bhaskar Aditya , AOR Mr. Mohd Parvez Dabas, Adv. Mr Uzmi Jameel Husain, Adv. Mr. Syed Mehdi Imam, AOR Mr Daanish Ahmad Syed, Adv. Contd….

2 Item no.55 Mr. Bhaskar Aditya , AOR Mr. Anilendra Pandey, AOR UPON hearing the counsel the Court made the following O R D E R SLP(C) No.9183/2024 Service is complete on respondent nos. 9 and 10 but none has entered appearance. As per office report, counter affidavit filed by respondent nos.1 to 8 has been notified to be defective. However, it is submitted by the ld. Counsel for respondent nos. 1 to 8 that the said defects have been cured and copy of the counter affidavit has been furnished. It is submitted by the ld. Counsel for the said respondents that there is wrong mention of parties in the memo of parties and the same needs to be corrected. Appropriate application be filed in this behalf. It is also submitted that petitioner no.1- NHAI has no right to file this SLP. Appropriate application be filed in this behalf. If defects have been removed in the counter affidavit, Registry to process the matter for listing before the Hon’ble Court as per rules. SLP(C) No. 9213/2024 Respondent nos.2 to 34 have filed counter affidavit. Respondent no. 1 has failed to file counter affidavit despite last opportunity having been granted. It is submitted by ld. Counsel for respondent nos. 1 to 34 that counter affidavit Contd….

3 Item no.55 filed on behalf of respondent nos. 2 to 34 would be adopted for respondent no.1 as well. Submission is taken on record. Service is complete on respondent no.35. Ld. Counsel for respondent nos. 2 to 34 appears for respondent no.35 as well and seeks time to file vakalatnama and submits that counter affidavit filed on behalf of respondent nos. 2 to 34 would be adopted for respondent no.35 as well. Submission is taken on record. Vakalatnama be filed as per rules. Service is complete on respondent nos. 36 to 38 but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court as per rules. SLP(C) No. 9981/2024 Respondent nos.2,3 and 5 to 8 are granted four weeks’ time as last opportunity for filing counter affidavit. Service is complete on remaining respondents but none has entered appearance. At the end of the period aforesaid, whether counter affidavit is filed or not, Registry to process the matter for listing before the Hon’ble Court as per rules. SUJATA SINGH Registrar HJ

1 ITEM NO.115 REGISTRAR COURT SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Petition(s) for Special Leave to Appeal (C) No(s). 9183/2024 NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RAJ KUMAR & ORS. Respondent(s) IA No. 118296/2024 - INTERVENTION APPLICATION IA No. 147891/2024 - INTERVENTION/IMPLEADMENT) WITH SLP(C) No. 9213/2024 (XI) (FOR EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT ON IA 75060/2024 FOR impleading party ON IA 147997/2024 FOR INTERVENTION/IMPLEADMENT ON IA 147997/2024 FOR impleading party ON IA 178476/2024 FOR INTERVENTION/IMPLEADMENT ON IA 178476/2024 IA No. 75060/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 178476/2024 - INTERVENTION/IMPLEADMENT IA No. 147997/2024 – INTERVENTION/IMPLEADMENT) SLP(C) No. 9981/2024 (XI) (IA No.80651/2024-CONDONATION OF DELAY IN FILING) SLP(C) No. 11299/2024 (XI) (FOR FOR EXEMPTION FROM FILING O.T. ON IA 104815/2024 IA No. 104815/2024 - EXEMPTION FROM FILING O.T.) Date : 29-08-2024 These matters were called on for hearing today. For Petitioner(s) Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Akshay Tiwari, Adv. Mr. Venkita Subramoniam T.r, AOR

2 For Respondent(s) Mr. Ajay Kumar Srivastava, AOR Mr. Sandeep Singh, AOR Mr. Ashish Pandey, AOR Mr. Mohd Parvez Dabas, Adv. Mr. Uzmi Jameel Husain, Adv. Mr. Mohd Aamir Dabas, Adv. Mr. Syed Mehdi Imam, AOR Mr. Bhaskar Aditya, AOR Mr. Ankit Ambasta, Adv. Mr. Anilendra Pandey, AOR Mr. Rajeev Kumar, Adv. Mr. Manoj Kumar, Adv. Mr. Aditya Narayan Singh, Adv. Mr. Swarnenu Chatterjee,AOR Ms. Deepakshi Garg,Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 9183/2024 S ervice of notice is complete on respondent Nos. 9 and 10 but no one has entered appearance on their behalf. Service is complete on respondent Nos. 1 to 8. Mr. Ankit Ambasta, Ld. Advocate has appeared on behalf of Mr. Bhaskar Aditya, Ld. Advocate-on-Record for respondent Nos.1 to 8. He seeks and is granted four weeks time to file vakalatnama and counter affidavit. List again on 21.10.2024. SLP(C) No. 9213/2024 Four weeks time,as last chance is granted to the respondent No. 1 to file the counter affidavit. Respondent Nos. 2 to 34 have already filed the counter

3 affidavit. S ervice of notice is complete on respondent Nos. 35 to 38 but no one has entered appearance on their behalf. List again on 21.10.2024. SLP(C) No. 9981/2024 Four weeks time, is granted to the respondent Nos. 2, 3 and 5 to 8 to file the counter affidavit. Service of notice is complete on remaining respondents but no one has entered appearance on their behalf. List again on 21.10.2024. SLP(C) No. 11299/2024 Respondent Nos. 1 to 4 have already filed counter affidavit. S ervice of notice is complete on respondent Nos. 5 and 6 but no one has entered appearance on their behalf. Mr. Swarnenu Chatterjee, Ld. Advocate-on-Record submits that he is appearing on behalf of Respondent Nos. 1 to 4 and has filed vakalatnama on behalf of said respondents after taking “NOC” from the earlier Counsel. Registry to verify and update the records accordingly. The matter be processed for listing before the Hon'ble Court, under the rules. SUJATA SINGH Registrar MG

ITEM NO.143 REGISTRAR COURT. 1 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MS. SUJATA SINGH Petition(s) for Special Leave to Appeal (C) No(s). 9183/2024 NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RAJ KUMAR & ORS. Respondent(s) IA No. 118296/2024 - INTERVENTION APPLICATION) WITH SLP(C) No. 9213/2024 (XI) IA No. 75060/2024 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) SLP(C) No. 9981/2024 (XI) (IA No.80651/2024-CONDONATION OF DELAY IN FILING) SLP(C) No. 11299/2024 (XI) (FOR ADMISSION and I.R. and IA No.104814/2024-CONDONATION OF DELAY IN FILING and IA No.104815/2024-EXEMPTION FROM FILING O.T. and IA No.104817/2024-CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS) Date : 11-07-2024 These matters were called on for hearing today. For Petitioner(s) Mr. Prateek Madnani, Adv. Mr. Sumit Gupta, Adv. Mr. Akshay Tiwari, Adv. Mr. Nimish Goel, Adv. Ms. Shubhi Dhiman, Adv. Mr. Pulkit Kaushik, Adv. Mr. Venkita Subramoniam T.r, AOR For Respondent(s) Mr. Akbar Ali, Adv. Mr. Braj K. Mishra, Adv. Mr. Ajay Kumar Srivastava, AOR Mr. Ashish Pandey, AOR Mr. Anilendra Pandey, AOR Mr. C.p.singh, Adv. contd….

-2- Mr. Rajeev Kumar Ranjan, Adv. Ms. Priya Kashyap, Adv. UPON hearing the counsel the Court made the following O R D E R SLP(C) No. 9183/2024 Ld. Advocate-on-record, Mr. Bhaskar Aditya submits that he has been recently appointed Advocate-on-record for respondent Nos.1 to 8 in this matter and he has already obtained “No Objection Certificate” from the erstwhile counsel. Ld. counsel seeks time to file fresh vakalatnama and counter affidavit on behalf of the said respondents. Four weeks’ time is granted for doing the needful. Service is complete on respondent Nos.9 and 10 but none has entered appearance. SLP(C) No. 9213/2024 Respondent No.1 is granted four weeks’ time for filing counter affidavit. Ld. Advocate-on-record, Mr. Bhaskar Aditya submits that he is appearing for respondent Nos.2 to 36 and fresh vakalatnama and counter affidavit on behalf of the said respondents has already been filed yesterday. Registry to verify and update the records. Service is complete on respondent Nos.37 and 38 but none has entered appearance. SLP(C) No. 9981/2024 Service is complete on respondent Nos.1 to 17 but none has entered appearance. Contd….

-3- SLP(C) No. 11299/2024 Service is complete on respondent Nos. 1 to 4 & 6 but none has entered appearance. Ld. Counsel for the petitioner is granted two weeks’ time to take fresh steps and file fresh particulars in respect of the unserved respondent No.5. Dasti, in addition, is allowed as prayed for. Affidavit of dasti service be filed within four weeks. List again on 29.8.2024. SUJATA SINGH Registrar rd

ITEM NO.27 COURT NO.14 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.12489/2024 (Arising out of impugned final judgment and order dated 12-10-2023 in WRITC No. 35439/2023 passed by the High Court of Judicature at Allahabad) PROJECT DIRECTOR INDIAN NATIONAL HIGHWAY Petitioner(s) AUTHORITY (OPERATING UNIT), ROORKEE VERSUS CHITRA CHAUDHARY & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.104814/2024-CONDONATION OF DELAY IN FILING SLP, IA No.104815/2024-EXEMPTION FROM FILING O.T. and IA No.104817/2024-CONDONATION OF DELAY IN REFILING SLP) Date : 10-05-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Tushar Mehta, Solicitor General Mr. Tarun Dua, Adv. Mr. Sumit Gupta, Adv. Mr. Akshay Tiwari, Adv. Mr. Prateek Madnani, Adv. Mr. Pragun Dua, Adv. Mr. Anupam Pandey, Adv. Mr. Nimish Goel, Adv. Ms. Shubhi Dhiman, Adv. Mr. Venkita Subramoniam T.R, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Heard learned Solicitor General – Mr. Tushar Mehta appearing for the petitioner and perused the material placed on record. 2. Delay condoned. 3. Issue notice. 4. Tag with Special Leave Petition(C) Nos.9213/2024 & 9183/2024. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

1 ITEM NO.48 COURT NO.15 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.10207/2024 (Arising out of impugned final judgment and order dated 17-07-2023 in WRITC No. 21309/2023 passed by the High Court of Judicature at Allahabad) NATIONAL HIGHWAY AUTHORITY OF INDIA, DEHRADUN Petitioner(s) VERSUS JAGPAL SINGH & ORS. Respondent(s) (IA No.80651/2024-CONDONATION OF DELAY IN FILING SLP) Date : 26-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Sumit Gupta, Adv. Mr. Akshay Tiwari, Adv. Mr. Prateek Madnani, Adv. Mr. Nimish Goel, Adv. Mr. Anupam Pandey, Adv. Ms. Shubhi Dhiman, Adv. Mr. Venkita Subramoniam T.R, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 2. Heard learned counsel for the petitioner – National Highway Authority of India, Dehradun and perused the record. 3. According to the leaned counsel, the present Special Leave Petition has been filed only for a limited purpose of clarification in respect of the observation/direction given in the impugned order passed by the High Court which reads as follows:- “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

2 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.” 4. According to the learned counsel, the direction to submit the scheme before the Collector for following the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not in consonance with the provisions of NHA, particularly with Section 3 read with Section 3(g) and 3 (i) of the NH Act. 5. In view of the above, let notice be issued only for the limited purpose of clarification as sought in the Special Leave Petition, returnable after four weeks. 6. Dasti service, in addition, is permitted. 7. List along with Diary No.8886/2024. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.5 COURT NO.15 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).8886/2024 (Arising out of impugned final judgment and order dated 21-02-2023 in WRITC No.21601/2022 passed by the High Court of Judicature at Allahabad) NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RANVIR SINGH & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.75061/2024-CONDONATION OF DELAY IN FILING and IA No.75060/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT) Date : 19-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Tushar Mehta, Sr. Adv. & Solicitor General Mr. Tarun Dua, Adv. Mr. Sumit Gupta, Adv. Mr. Akshay Tiwari, Adv. Mr. Pragun Dua, Adv. Mr. Prateek Madnani, Adv. Ms. Shubhi Dhiman, Adv. Mr. Nimish Goel, Adv. Mr. Anupam Pandey, Adv. Mr. Venkita Subramoniam T.r, AOR For Respondent(s) Mr. Satish Pandey, Adv. Mr. R.S. Duhan, Adv. Mr. Akba Ali, Adv. Mr. Santosh Kumar, Adv. Ms. Jay Jaimini Pandey, Adv. Ms. Sadiya Shakeel, Adv. Mr. Abdul Qadir, Adv. Mrs. Gulfeshan Javed, Adv. Ms. Anjana Mathur Gupta, Adv. Mrs. Lalita Gupta, Adv. Mr. Ajay Kumar Srivastava, AOR UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 1

2. Heard Mr. Tushar Mehta, learned Senior Advocate and Solicitor General appearing for the petitioner – National Highway Authority of India and perused the record. 3. According to Mr. Mehta, the present Special Leave Petition has been filed only for a limited purpose of clarification in respect of the observation/direction given in the impugned order passed by the High Court, which reads as follows:- “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.” 4. According to the learned Senior Advocate – Mr. Mehta, the direction to submit the scheme before the Collector for following the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not in consonance with the provisions of NHA, particularly with Section 3(a) read with Section 3(G) and 3 (I) of the NH Act. 2

5. In view of the above, let notice be issued only for the limited purpose of clarification as sought in the Special Leave Petition, returnable after four weeks. 6. Mr. Satish Pandey, learned counsel appearing on caveat for respondent No.1 accepts notice and waives further notice. 7. Dasti service, in addition, is permitted. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH) 3

1 ITEM NO.64 COURT NO.15 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No. 12061/2024 (Arising out of impugned final judgment and order dated 21-02-2023 in WRITC No. 21607/2022 passed by the High Court of Judicature at Allahabad) NATIONAL HIGHWAY AUTHORITY OF INDIA Petitioner(s) VERSUS RAJ KUMAR & ORS. Respondent(s) (IA No.84680/2024-CONDONATION OF DELAY IN FILING SLP) Date : 15-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Tushar Mehta, Sr. Adv. & Solicitor General Mr. Tarun Dua, Adv. Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Akshay Tiwari, Adv. Mr. Pragun Dua, Adv. Mr. Nimish Goel, Adv. Mr. Anupam Pandey, Adv. Ms. Shubhi Dhiman, Adv. Mr. Pulkit Kaushik, Adv. Mr. Venkita Subramoniam T.R, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. Delay condoned. 2. Heard Mr. Tushar Mehta, learned Senior Advocate and Solicitor General appearing for the petitioner – National Highway Authority of India and perused the record. 3. According to Mr. Mehta, the present Special Leave Petition has been filed only for a limited purpose of clarification in respect

2 of the observation/direction given in the impugned order passed by the High Court which reads as follows:- “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.” 4. According to the learned Senior Advocate – Mr. Mehta, the direction to submit the scheme before the Collector for following the procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is not in consonance with the provisions of NHA, particularly with Section 3 read with Section 3(g) and 3 (i) of the NH Act. 5. In view of the above, let notice be issued only for the limited purpose of clarification as sought in the Special Leave Petition, returnable after four weeks. 6. Dasti service, in addition, is permitted. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

ITEM NO.16 COURT NO.15 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No.10207/2024 (Arising out of impugned final judgment and order dated 17-07-2023 in WRITC No. 21309/2023 passed by the High Court of Judicature at Allahabad) NATIONAL HIGHWAY AUTHORITY OF INDIA, DEHRADUN Petitioner(s) VERSUS JAGPAL SINGH & ORS. Respondent(s) ( IA No.80651/2024-CONDONATION OF DELAY IN FILING SLP) Date : 08-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Sumit Gupta, Adv. Mr. Prateek Madnani, Adv. Mr. Akshay Tiwari, Adv. Mr. Nimish Goel, Adv. Mr. Anupam Pandey, Adv. Ms. Shubhi Dhiman, Adv. Mr. Pulkit Kaushik, Adv. Mr. Venkita Subramoniam T.R, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As prayed for by the learned counsel for the petitioner, list the matter after two weeks. (VISHAL ANAND) (MAMTA RAWAT) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

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