Facts
The National Highways Authority of India (NHAI) sought review of a common order dated 2 June 2025 in six connected writ proceedings.
Source reference: p.11–12That order had directed the respondents to take steps to acquire the claimants’ properties under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and to pay compensation for demolished structures within three months.
Source reference: p.11–12Subsequently, a Division Bench, while deciding connected writ appeals and contempt proceedings arising from a later order that followed the same approach, modified the relief: NHAI was directed to consider the claimants’ representations and pass appropriate orders in accordance with law within one month, leaving all contentions open.
Source reference: p.12–13The present review petitions were then considered in light of that modification.
Source reference: p.13–14Issues
1. Whether the relief granted in the 2 June 2025 common order should be modified in view of the Division Bench’s subsequent directions concerning consideration of the claimants’ representations.
Source reference: p.12–142. Whether NHAI should be directed to consider the claimants’ representations and pass appropriate orders within a specified period.
Source reference: p.13–14Law Applied
The review petitions were filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure.
Source reference: p.3–4, 6–7, 9–10The Court relied on the Division Bench’s order in the connected writ appeals and contempt proceedings, which replaced a direct substantive direction with a direction to NHAI to consider the claimants’ representations and decide them in accordance with law, while keeping all contentions open.
Source reference: p.12–13The Court applied that approach to the present review petitions.
Source reference: p.13–14Reasoning
The Court noted that the Division Bench had modified the relief in proceedings involving a similar order, directing NHAI to consider the claimants’ representations rather than requiring the immediate acquisition of the properties and payment of compensation.
Source reference: p.12–13To align the relief in these connected matters with that direction, the Court considered it appropriate to modify its earlier order and require NHAI to decide the claimants’ representations within the same one-month period.
Source reference: p.13–14Holding
The review petitions were disposed of by modifying the final order in the underlying writ petitions.
NHAI was directed to consider the claimants’ representations and pass appropriate orders within one month of receiving a copy of the review order.
Source reference: p.14The petitions were disposed of subject to that direction.
Source reference: p.14Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Code of Civil Procedure, 19081
Original Court PDF
THE PROJECT DIRECTOR, PIUvsMOHAMMED SIRAJ
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