# Km. Bhavna & Anr v. Union of India & Ors

- **Citation:** (2025) 10 ILRA 697
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-10-15
- **Case number:** Writ C No. 1270 of 2025
- **Bench:** Mahesh Chandra Tripathi, Anish Kumar Gupta
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/km-bhavna-anr-v-union-of-india-ors-52715
- **Pages:** 32

## Headnote

A.S.G.I., C S.C., Pranjal Mehrotra, Vaibhav
Tripathi

Issue for Consideration
Matter pertains to Whether the petitioners,
being minors at the time of acquisition and
whose mother remarried, constitute a separate
"affected family" under S. 3(c) & 3(m) read with
S. 31 of the RFCT-LARR Act, 2013, so as to
claim Rehabilitation and Resettlement Award
under the Second Schedule, in addition to
compensation already paid under the First
Schedule.

Headnotes
Right
to
Fair
Compensation
and
Transparency
in
Land
Acquisition,
Rehabilitation and Resettlement Act, 2013
(RFCT-LARR Act) - S.s 3(c), 3(m), 30 and
31
-
First
and
Second
Schedule
-
Definition of 'Family' and 'Affected Family'
- Entitlement of Minors to Separate
Rehabilitation and Resettlement (R&R)
Award - Petitioners, being minors at the
time of notification under S. 20-A of
Railways Act, 1989, stood included in
step-father's
family
due
to
mother's
remarriage - Held, they did not constitute
a
separate
"affected
family"
for
purposes of Second Schedule benefits -
Two Types of Awards - Distinction -
Compensation award under Chapter IV
independent
from
Rehabilitation
&
Resettlement award under Chapter V -
R&R requires proof of displacement or
livelihood
primarily
dependent
on
acquired land - Linear Acquisition (DFC
Project) - Acquisition held to be linear,
not
resulting
in
displacement;
petitioners failed to rebut DFCCIL's
pleadings - Entitlement under Second
Schedule
-
Not
Established
-
No
material to show petitioners' livelihood
"primarily
dependent"
on
acquired
land; petitioners already compensated
under First Schedule; R&R benefits earlier
paid to step-father as head of affected
family - Effect of Mother's Remarriage -
Proviso to S. 3(m) (widows etc. as
separate
families)
inapplicable
once
widow remarried; dependency shifted to
step-father; minor petitioners merge with
step-father's family.

Held: Petitioners being minor stood included in
the family of Anil Kumar (step father), when
their mother remarried to him - "Nothing has
been brought on record" to show livelihood
primarily dependent on land acquired - DFCCIL's
averments regarding project being linear and
lack of displacement remained "un-rebutted" -
Petitioners failed to substantiate separate
existence as "family" under s.3(m) - R&R
already accorded to step-father as head of
project
affected
family
-
Consequently,
petitioners not entitled to separate R&R award
under S. 31 - Writ petition dismissed. (Paras
27,28,31,32,33,39-41,43,44) (E-7)

Case Law Cited
Ranvir Singh & Ors. v. NHAI & Ors., Writ C
No.21601/2022; Ashok Kumar & 8 Others. v.
NHAI & 3 Others., Writ C No.2782/2023;
Ashok Kumar Garg v. Union of India &
Ors.,CWP No.28804/2022 (P&H HC); Estate
Officer, Haryana Urban Development Authority
and ors vs. Nirmal Devi, SC; Special Land
Acquisition Officer v. Karigowda and ohers, AIR
2010 SC 2322

List of Acts
Right to Fair Compensation and Transparency in
Land
Acquisition,
Rehabilitation
and
Resettlement Act, 2013 (RFCT-LARR Act, 2013);
Railways Act, 1989; National Highways Act,
1956;
Right
to
Fair
Compensation
and
Transparency in Land Acquisition, Rehabilitation
and Resettlement (Removal of Difficulties)
Order, 2015; Constitution of India.

List of Keywords
affected family; family; Second Schedule;
rehabilitation and resettlement; dependency;
linear project; step father; minor children;
compensation;
displacement;
livelihood;
entitlement; DFC; notification under S. 20-A;
award under S. 31.

Case Arising From
ORIGINAL JURISDICTION CIVIL SIDE Writ C
No. 1270 of 2025 DATED: ALLAHABAD
15.10.2025
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
699
Appearances for Parties
Advs. for the Petitioners:
Shri Vinayak Mithal
Advs. for the Respondents:
A.S.G.I.; C.S.C.; Shri Pranjal Mehrotra; Shri
Vaibhav Tripathi;
Shri Fuzail Ahmad Ansari, Standing Counsel for
State.

## Text

_Characters 0–39,795 of 87,121. This is a partial read: ask again with offset=39795 for what follows._

10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
697
application of the Land Management
Committee dated 16.04.2025. He has also
not considered that once the order dated
30.03.2010 has attained finality in view of
the order dated 23.08.2024 passed in WritB No.11144 of 2015, then in the said
circumstances, can any application for
recall/review be said to be maintainable.
The ratio of Shivraji (supra) has also not
been considered.

24. The Court is conscious of the fact
that a plea has been raised by the Gram
Sabha/Gram Pradhan stating that no
valuation can be made over with respect to
a public utility land which in the present
case is allegedly the cremation ground and
by changing the valuation, the Gram Sabha
has suffered a loss of land measuring 0.520
hectares; but the equity demands that once
the order dated 30.03.2010 has attained
finality, the said fact along with the
consideration pertaining to the plea, as to
whether, the D.D.C. has powers to review
its own order, ought to have been
considered along with the plea of the State,
as to whether a fraud has been played upon,
by not contesting the proceedings. It is also
noteworthy that Gaon Sabha only being
represented by Pradhan, who keeps on
changing and so does the stand, and as such
the true owner who is the State, becomes a
necessary party

25. In view of the observations made
herein above, the impugned order dated
09.05.2025 is hereby set aside and the
matter is remanded back to the Deputy
Director of Consolidation, Hathras with the
following directions:-

(i)
to
take
an
expeditious
decision, preferably within a period of two
months from the date of production of
certified copy of this order regarding the
application dated 25.10.2021 filed by the
Gram Pradhan in Revision No.76/341
under Section 48(1) of U.P. C.H. Act,
against the order dated 30.03.2010;

(ii) the revisional court shall also
adjudicate on the question of its own
jurisdiction, as to whether, a review/recall
application can be entertained, in view of
the judgment of the Apex Court in Shivraji
(supra) and also the judgment and order
dated
23.03.2024
passed
in
Writ-B
No.11144 of 2015 (Ravendra Singh vs.
D.D.C. and others), while considering the
plea of the State, pertaining to any fraud
being involved;

(iii) State may be directed to be
impleaded as a necessary party before
proceeding in the matter;

(iv) Registrar (Compliance) is
directed to send a copy of this order to the
Principal
Secretary,
Department
of
Revenue, Government of Uttar Pradesh,
Lucknow
and
Principal
Secretary,
Panchayat Raj Department, Government of
Uttar Pradesh, Lucknow, for necessary
compliance.

25.
With
the
aforesaid
observations/directions, the writ petition
stands allowed, however, no cost.
----------
(2025) 10 ILRA 697
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 15.10.2025

BEFORE

THE HON'BLE MAHESH CHANDRA
TRIPATHI, J.
THE HON'BLE ANISH KUMAR GUPTA, J.

Writ C No. 1270 of 2025

Km. Bhavna & Anr. ...Petitioners
Versus
Union of India & Ors. ...Respondents

Counsel for the Petitioner:
698 INDIAN LAW REPORTS ALLAHABAD SERIES
Vinayak Mithal

Counsel for the Respondents:
A.S.G.I., C S.C., Pranjal Mehrotra, Vaibhav
Tripathi

Issue for Consideration
Matter pertains to Whether the petitioners,
being minors at the time of acquisition and
whose mother remarried, constitute a separate
"affected family" under S. 3(c) & 3(m) read with
S. 31 of the RFCT-LARR Act, 2013, so as to
claim Rehabilitation and Resettlement Award
under the Second Schedule, in addition to
compensation already paid under the First
Schedule.

Headnotes
Right
to
Fair
Compensation
and
Transparency
in
Land
Acquisition,
Rehabilitation and Resettlement Act, 2013
(RFCT-LARR Act) - S.s 3(c), 3(m), 30 and
31
-
First
and
Second
Schedule
-
Definition of 'Family' and 'Affected Family'
- Entitlement of Minors to Separate
Rehabilitation and Resettlement (R&R)
Award - Petitioners, being minors at the
time of notification under S. 20-A of
Railways Act, 1989, stood included in
step-father's
family
due
to
mother's
remarriage - Held, they did not constitute
a
separate
"affected
family"
for
purposes of Second Schedule benefits -
Two Types of Awards - Distinction -
Compensation award under Chapter IV
independent
from
Rehabilitation
&
Resettlement award under Chapter V -
R&R requires proof of displacement or
livelihood
primarily
dependent
on
acquired land - Linear Acquisition (DFC
Project) - Acquisition held to be linear,
not
resulting
in
displacement;
petitioners failed to rebut DFCCIL's
pleadings - Entitlement under Second
Schedule
-
Not
Established
-
No
material to show petitioners' livelihood
"primarily
dependent"
on
acquired
land; petitioners already compensated
under First Schedule; R&R benefits earlier
paid to step-father as head of affected
family - Effect of Mother's Remarriage -
Proviso to S. 3(m) (widows etc. as
separate
families)
inapplicable
once
widow remarried; dependency shifted to
step-father; minor petitioners merge with
step-father's family.

Held: Petitioners being minor stood included in
the family of Anil Kumar (step father), when
their mother remarried to him - "Nothing has
been brought on record" to show livelihood
primarily dependent on land acquired - DFCCIL's
averments regarding project being linear and
lack of displacement remained "un-rebutted" -
Petitioners failed to substantiate separate
existence as "family" under s.3(m) - R&R
already accorded to step-father as head of
project
affected
family
-
Consequently,
petitioners not entitled to separate R&R award
under S. 31 - Writ petition dismissed. (Paras
27,28,31,32,33,39-41,43,44) (E-7)

Case Law Cited
Ranvir Singh & Ors. v. NHAI & Ors., Writ C
No.21601/2022; Ashok Kumar & 8 Others. v.
NHAI & 3 Others., Writ C No.2782/2023;
Ashok Kumar Garg v. Union of India &
Ors.,CWP No.28804/2022 (P&H HC); Estate
Officer, Haryana Urban Development Authority
and ors vs. Nirmal Devi, SC; Special Land
Acquisition Officer v. Karigowda and ohers, AIR
2010 SC 2322

List of Acts
Right to Fair Compensation and Transparency in
Land
Acquisition,
Rehabilitation
and
Resettlement Act, 2013 (RFCT-LARR Act, 2013);
Railways Act, 1989; National Highways Act,
1956;
Right
to
Fair
Compensation
and
Transparency in Land Acquisition, Rehabilitation
and Resettlement (Removal of Difficulties)
Order, 2015; Constitution of India.

List of Keywords
affected family; family; Second Schedule;
rehabilitation and resettlement; dependency;
linear project; step father; minor children;
compensation;
displacement;
livelihood;
entitlement; DFC; notification under S. 20-A;
award under S. 31.

Case Arising From
ORIGINAL JURISDICTION CIVIL SIDE Writ C
No. 1270 of 2025 DATED: ALLAHABAD
15.10.2025
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
699
Appearances for Parties
Advs. for the Petitioners:
Shri Vinayak Mithal
Advs. for the Respondents:
A.S.G.I.; C.S.C.; Shri Pranjal Mehrotra; Shri
Vaibhav Tripathi;
Shri Fuzail Ahmad Ansari, Standing Counsel for
State.

(Delivered by Hon'ble Mahesh Chandra
Tripathi, J.)

1. Heard Shri Vinayak Mithal, learned
counsel for the petitioners; Shri Pranjal
Mehrotra, learned counsel for respondent
nos.1 & 2 and Shri Fuzail Ahmad Ansari,
learned
Standing
Counsel
for
State
respondent no.3.

2. The instant writ petition has been
filed for a direction commanding the
respondents to forthwith declare the award
under Section 31 of Right to Fair
Compensation and Transparency in Land
Acquisition,
Rehabilitation
and
Resettlement Act, 20131 in accordance
with the Second Schedule and provide the
entitlements to the petitioners within some
stipulated time.

FACTUAL MATRIX
OF THE
CASE

3. The facts leading to this petition are
that the petitioners' father namely Sunil
Kumar was owner of 1/4th share in land
bearing Khasra No.690/3 situated at
Village Jadauda, Tehsil Sadar, District
Muzaffar Nagar. He died in the year 2003,
leaving behind his widow Smt. Savita and
the petitioners as his legal heirs. The
petitioners were minor at the time of death
of their father. Later on, the mother of the
petitioners re-married to Anil Kumar,
leaving behind the minor children in the
custody of their grandparents.

4. On 16.01.2015, a notification was
issued under Section 20-A of the Railways
Act, 19892 by the Ministry of Railways,
notifying its intention to acquire the land
specified in the notification including the
petitioners' land in Khasra No.690/3 for the
public purpose of construction of the
"Special Rail Project Eastern Dedicated
Freight Corridor" and the same was
published
in
local
newspapers
on
03.03.2015. Subsequently, the declaration
under Section 20-E of the Act, 1989 was
made on 21.12.2015 and the same was
published in the newspapers on 15.01.2016.
Again the Ministry of Railways had
acquired the land of the petitioners by
issuing a notification dated 18.04.2016 and
declaration was made on 28.12.2016,
which
was
also
published
in
the
newspapers on 04.05.2016 and 22.01.2017
respectively. Consequently, the Competent
Authority had determined the amount
payable as compensation under Section 20F of the Act, 1989 and declared the awards
on 30.07.2016 and thereafter on 26.12.2017
under Section 30 of the RFCT-LARR Act,
2013. The physical possession of the
petitioners' land was also taken by the
respondent no.2.

5. In exercise of powers under Section
105 (3) of the RFCT-LARR Act, 2013, the
Central Government had issued the Right
to Fair Compensation and Transparency in
Land
Acquisition,
Rehabilitation
and
Resettlement (Removal of Difficulties)
Order, 2015 on 28.08.2015, which reads as
under:-

"1. (1) This Order may be called
the Right to Fair Compensation and
Transparency
in
Land
Acquisition,
Rehabilitation and Resettlement (Removal
of Difficulties) Order, 2015.
700 INDIAN LAW REPORTS ALLAHABAD SERIES

(2) It shall come into force with
effect from the 1st day of September, 2015.

2. The provisions of the Right to
Fair Compensation and Transparency in
Land
Acquisition,
Rehabilitation
and
Resettlement Act, 2013, relating to the
determination
of
compensation
in
accordance with the First Schedule,
rehabilitation
and
resettlement
in
accordance with the Second Schedule and
infrastructure amenities in accordance with
the Third Schedule shall apply to all cases
of land acquisition under the enactments
specified in the Fourth Schedule to the said
Act."

ARGUMENTS ON BEHALF OF
THE PETITIONERS

6. Shri Vinayak Mithal, learned
counsel for the petitioners, referring to the
Order, 2015, submitted that for any award
declared on or after 01.09.2015, the amount
payable
as
compensation
is
to
be
determined by the Competent Authority in
accordance with the provisions of the
RFCT-LARR Act, 2013 as well as the
Order, 2015. However, the Competent
Authority had declared the awards only
taking into consideration the First Schedule
of the RFCT-LARR Act, 2013 and it had
not taken into consideration rehabilitation
and resettlement award in accordance with
the Second Schedule and infrastructure
amenities in accordance with the Third
Schedule of the RFCT-LARR Act, 2013.
He submitted that Section 31 of the RFCTLARR Act, 2013 provides that the
rehabilitation and resettlement award is to
be declared for each affected family in
terms of the entitlements provided in the
Second Schedule. Thus, the Competent
Authority was legally bound to declare the
rehabilitation and resettlement award in
accordance with Second Schedule of the
RFCT-LARR Act, 2013. He had placed
reliance on Section 38 of the RFCT-LARR
Act, 2013, which provides that the
possession of the land shall be taken after
ensuring that full and final payment of
compensation as well as rehabilitation and
resettlement entitlements are paid or
tendered to the entitled persons within a
period of three months for compensation
and a period of six months for the monetary
part of the rehabilitation and resettlement
entitlements listed in the Second Schedule
commencing from the date of the award
made under Section 30 of the RFCT-LARR
Act, 2013.

7. Learned counsel for the petitioners
further submitted that the petitioners had
moved several representations alongwith
affidavits and other documents before the
Competent Authority for declaration of the
award as per Second Schedule of the
RFCT-LARR Act, 2013. However, the
Competent Authority has miserably failed
to declare the award as per the Second
Schedule of the RFCT-LARR Act, 2013 or
provide any satisfactory response to the
petitioners. He submitted that the father of
the petitioners died in the year 2003 and
their mother re-married with someone else
in the year 2004. Since then the petitioners
are living separately from their mother. The
petitioners are facing extreme financial
hardships after the death of their father,
who was the only earning member of the
family.

8. In support of his submission,
learned counsel for the petitioners placed
reliance on Section 3 (m) of the RFCTLARR Act, 2013, which defines the term
"family" to include a person, his or her
spouse, minor children, minor brothers and
minor sisters dependent on him, provided
that
widows,
divorcees
and
women
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
701
deserted by families shall be considered as
separate families. He submitted that the
petitioners and their mother form a separate
family and they cannot be considered as a
part of the family of Anil Kumar. The
petitioners have an independent/separate
claim from the family of Anil Kumar and
they are entitled to receive all the benefits
provided under Second Schedule of the
RFCT-LARR Act, 2013. The Competent
Authority
has
not
declared
the
Rehabilitation and Resettlement Award for
the
petitioners'
land
till
date.
The
petitioners are being deprived of their
property
in
the
form
of
adequate
compensation without any valid reason in
utter disregard to Article 300-A of the
Constitution of India. He submitted that the
entitlements of the rehabilitation and
resettlement as per the Second Schedule of
the RFCT-LARR Act, 2013 have been
granted to the affected families in several
projects
executed
by
the
departments/authorities
of
the
State
Government and the respondent no.2.

9. Learned counsel for the petitioners
next submitted that if the mother of the
petitioners was not married to some one
else, then in such situation the petitioners
could not have asked for rehabilitation and
resettlement as the head of the family
would had been her mother. In case their
holdings is not affected, or it is not subject
matter of acquisition, then there was no
question of rehabilitation and resettlement.
In such situation, the share of the widow
devolved from her late husband and she
would be entitled for rehabilitation and
resettlement as she would have an
independent status under the definition of
Section 3 (m), which also provided that
widows, divorcees and women deserted by
families shall be considered separate
families. Since their mother had married to
some one else, as such the petitioners
contribute a separate family unit. In support
of his submission, he had placed reliance
on the order dated 21.02.2023 passed in
Writ C No.21601 of 2022 (Ranvir Singh
& ors vs. National Highways Authority
of India and ors), wherein the Division
Bench had proceeded to dispose of the writ
petition following observations:-

"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
702 INDIAN LAW REPORTS ALLAHABAD SERIES
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.

With the above observations and
directions, the writ petitions in this bunch
are disposed of."

10. He had further placed reliance on
the order passed in Writ C No.2782 of 2023
(Ashok Kumar and 8 others vs. National
Highway Authority of India and 3
others), which was disposed of by this
Court, by order dated 24.2.2023 in terms of
the order passed in Ranvir Singh and others
(supra). The operative part of the order
passed in Writ C No.2782 of 2023 (Ashok
Kumar and 8 others vs. National Highway
Authority of India and 3 others), dated
24.2.2023 is as follows :-

"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
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
703
affected families provided in the Second
Schedule, without being influenced by any
of the observations made hereinabove."

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

11. The present writ petition is,
accordingly, disposed of. "

ARGUMENTS ON BEHALF OF
DEDICATED FREIGHT CORRIDOR

CORPORATION
OF
INDIA
LIMITED

11. Per contra, Shri Pranjal Mehrotra,
learned counsel for Dedicated Freight
Corridor Corporation of India Limited
vehemently opposed the writ petition and
submitted that Section 31 of the RFCTLARR
Act,
2013
pertains
to
the
rehabilitation and resettlement award for
affected families by the Collector. The term
"affected family" has been defined in
Section 3 (c) of the RFCT-LARR Act,
2013, which refers to the term "family",
which has been defined in Section 3 (m) of
the RFCT-LARR Act, 2013. He submitted
that for construction of the DFC, 0.0050
hec. land of Khasra No.690/3 was acquired
and notification dated 16.1.2015 and
declaration dated 21.12.2015 under Section
20A and 20E of the Act, 1989 were
published.
Thereafter,
the
Competent
Authority had declared the award dated
30.07.2016.

12. Shri Pranjal Mehrotra further
submitted that father of the petitioners died
on 20.06.2003 i.e., much before issuance of
the aforesaid notification under Section 20A of the Act, 1989 and after his death, the
petitioners' mother had remarried to Anil
Kumar (brother of late Sunil Kumar). In
such circumstances, the petitioners, who
were minor at that time, became dependent
on Anil Kumar. The petitioners have
themselves admitted in para-4 of the writ
petition, that after the death of their father,
the petitioners came under the guardianship
of
their
mother
and
therefore,
the
petitioners were apparently dependent upon
their step father at the time of the
publication of the notification under
Section 20A of the Act, 1989. As per
provisions of the RFCT-LARR Act, 2013,
the petitioners could be considered as one
project affected family only and the
payment
for
the
rehabilitation
and
resettlement had already been made in the
past to Anil Kumar, who is a member of
the aforesaid project affected family. The
petitioners
had
already
been
paid
compensation
of
the
acquired
land
belonging to their father. However, so far
as the rehabilitation and resettlement
amount is concerned, the petitioners were
apparently dependent upon their step father
at the time of publication of the notification
under Section 20A of the Act, 1989 and the
petitioners are not entitled for any other
separate rehabilitation and resettlement
compensation.

13. Shri Pranjal Mehrotra further
submitted that the respondent no.2 acquired
the land in question for construction of the
DFC and therefore, the said acquisition is
linear in nature, which does not provide
any displacement of affected persons. He
has placed reliance on the notification
issued by the Government of India,
Ministry of Railways (Railway Board)
dated 23.05.2025, which deals with the
approval of entitlement matrix for DFC
project in accordance with new Land
Acquisition Act, 2013 and made effective
from January 1, 2015. The First Schedule
deals with the compensation for land and
value of assets attached to land or building.
He had heavily relied upon the Second
Schedule, which deals with resettlement
704 INDIAN LAW REPORTS ALLAHABAD SERIES
and rehabilitation assistances for project
affected people, wherein detailed procedure
is provided for according component of
compensation package in respect of land
acquired
under
RFCT-LARR
2013,
determination procedure, eligibility criteria
and
also
explanatory
remarks.
He
submitted
that
detailed
procedure
is
provided therein to accord the benefit under
First Schedule and also under Second
Schedule.
For
ready
reference,
the
entitlement matrix, which is effective from
January 1, 2015, the First Schedule and the
Second Schedule are reproduced herein
below:-

ENTITLEMENT MATRIX

(Effective from January 1, 2015)

THE FIRST SCHEDULE

Compensation for Land and Value of
Assets Attached to Land or Building

S
N

Component
of
Compensati
on Package
in
respect
of
land
acquired
under
RFCTLARR,
2013
Determinati
on
procedure

Eligibl
e
Catego
ry

Explanator
y Remarks

1
2
3
4
5
1
Market
value
of
land

To
be
determined
as provided
u/s 26 of
RFCTLARR,
2013
and
spelled out
in Note A
and B.

a. Land
Owner
s
whose
names
are
recorde
d in the
revenu
e
records
,
or
who
have
verifia
ble
A.
Compensat
ion
for
Structure
(a)
Cash
compensati
on for the
building
and
assets
at
market
value
determined
u/s 29 of
RFCTLARR,
2013
and
claims
to
owners
hip,
compe
nsation
u/s 3 c
(I)
of
RFCTLARR,
2013.
b.
Registe
red
"lessee
s",
'tenants
'
or
'share
cropper
s' will
get an
apporti
onment
of the
compe
nsation
as
determi
ned by
the
Approp
riate
Govern
ment
payabl
e under
law. c.
In case
of land
occupi
ers
(such
as
occupi
ers
of
abadi
lands,
assigne
d
lands,
or
tribes
occupy
ing
forest
lands)
with
claims/
rights
recogni
zed
Note D. In
case
of
partial
impact
making
unimpaired
use of the
structure
difficult,
such
as
where more
than
25%
of
the
structure
area
is
affected,
full
compensati
on shall be
paid u/s 94
of
RFCTLARR,
2013.
(b) In case
of
partial
impact,
25%
additional
amount
to
be paid on
compensati
on
award
for
the
affected
part of the
structure to
enable
damage
repair
where
the
owner/occu
pier is of
his/her own
will
interested
to retain the
remaining
part of the
structure,
provided
that
unimpaired
continuous
use of such
structure is
possible
without
hazards.
(c) Right to
salvage
material
from
the
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
705
under
state/C
entral
laws)
covere
d u/s 3
c (iii),
(v)
of
RFCTLARR,
2013
will get
compe
nsation
with
solatiu
m
at
par
with
titlehol
ders.

affected
structures.
(d)
Three
months'
advance
notice
to
vacate
structures.
B. Partial
impact on
land:
In
case only a
part of any
land plot is
affected
and
its
owner
desires that
the
whole
plot
be
acquired on
the grounds
that the plot
has
been
rendered
uneconomi
c
or
has
been
severed due
to
LA
(u/s94
RFCTLARR
2013
and
Note
C),
the
competent
authority
can award
compensati
on for the
remaining
part of the
plots
or
award 25%
of
actual
value
of
remaining
land
holding as
additional
compensati
on allowing
the
owner
to retain the
remaining
land plot, if
agreeable
to the land
lower.
C.
Compensat
ion
for
trees/crops
etc.
a.
Cash
compensati
on
as
estimated
u/s 29 (3),
RFCTLARR,
2013 by:
I.
Forest
Department
for
timber
trees
ii.
State
Agriculture
Extension
Department
for crops.
Iii.
Horticultur
e
Department
for
horticulture
, perennial
trees
iv.
Cash
assistance
to
title
holders and
non-title
holders
including
informal
settlers/squ
atters
for
loss
of
trees, crops
and
perennials
at
market
value.
b.
Three
months'
advance
notice
to
affected
parties
to
harvest
fruits, crops
In case of
standing
crops,
the
affected
parties shall
receive
three
months'
advance
notice
to
706 INDIAN LAW REPORTS ALLAHABAD SERIES
salvage
crops,
or
compensati
on in lieu
thereof
as
determined
above.
D.
Alternative
Compensat
ion
packages.
In
case
where
a
State
Governmen
t
through
any act or
Gazette
Notification
or
as
approved
by
any
authority of
State
Governmen
t
(duly
authorized
for
the
purpose) as
per
their
approval
procedure
has fixed a
rate
for
compensati
on of land,
the
same
may
be
adopted by
the
Competent
Authority
in
determining
the
compensati
on for land
in lieu of
package
available
under
the
First
Schedule.

2
Factor
by
which
the
market
value is to
be
multiplied
in the case
1.00 (One)
to
2.00
(Two)
based
on
the distance
of
project
from urban

of
rural
areas

area,
as
may
be
notified by
the
appropriate
Governmen
t

3
Factor
by
which
the
market
value is to
be
multiplied
in the case
of
urban
area

1 (One)

4
Value
of
assets
attached to
land
or
building

5
Solatium
Equivalent
to
one
hundred per
cent of the
market
value
of
land
mentioned
against
serial
number
1
multiplied
by
the
factor
specified
against
serial
number
2
for
rural
areas
or
serial
number
3
for
urban
areas
plus
value
of
assets
attached to
land
or
building
against
serial
number
4
under
column (2)

6
Final award
in rural area

Market
value
of
land
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
707
mentioned
against
serial
number
1
multiplied
by
the
factor
specified
against
serial
number
2
plus value
of
assets
attached to
land
or
building
mentioned
against
serial
number
4
under
column (2)
plus
solatium
mentioned
against
serial
number
5
under
column (2).

7
Final award
in
urban
areas

Market
value
of
land
mentioned
against
serial
number
1
multiplied
by
the
factor
specified
against
serial
number
3
plus value
of
assets
attached to
land
or
building
mentioned
against
serial
number
4
under
column (2)
plus
solatium
mentioned
against
serial
number
5
under
column (2).

8
Other
component,
if any, to be
included

Interest on
compensati
on payable
to
the
affected
families as
notified by
the
concerned
State
Governmen
t or at the
rate of 12%
per annum
from
the
date of LA
notification
u/s 20A of
RAA, 2008
applicable
as
per
Section 30
(3)
of
RECTLARR,
2013
and
explained
in Note A
(6).

THE SECOND SCHEDULE

Resettlement and Rehabilitation
Assistance for Project Affected People

S
N

Elements
of
Rehabilita
tion
and
Resettlem
ent
Entitleme
nts

Eligibilit
y
Category

Entitlemen
t
Explanato
ry
Remarks

1
2
3
4
5
1
Provision
of housing
units
in
case
of
displacem
ent

a.
All
affected
family
defined
u/s 3 C of
RFCTLARR
2013
required
to
Rural
Areas:
A
constructe
d house as
per Indira
Awas
Yojana
specificati
ons,
or
Cash
a)
This
cash
assistance
in lieu of
the
provision
of
alternative
house
shall
be
708 INDIAN LAW REPORTS ALLAHABAD SERIES
relocate
due to the
Project
for which
land
is
being
acquired
including
land
owners,
customar
y
dwellers
and
occupiers
whose
livelihoo
d
is
primarily
dependen
t on the
affected
land.
b.
This
benefits
shall also
be
extended
to
any
affected
family
which is
without
homeseat
d
land
and
which
has been
residing
in
the
area
continuou
sly for a
period of
not
less
than three
years
proceedin
g the date
of
notificati
on of the
affected
area and
which
has been
involunta
rily
displaced
from
such area
u/s 1 (2)
assistance
in
lieu
thereof as
determined
by
the
concerned
State
Governme
nt under its
own
resettleme
nt
policy
or
rules,
provided
that
such
cash
assistance
shall
not
be
less
than
Rs.60,000/
-.
b.
Urban
Areas:
A
constructe
d house of
minimum
50
sqmts
in
plinth
area
or
cash
assistance
in
lieu
thereof as
determined
by
the
concerned
State
Governme
nt under its
own
resettleme
nt
policy
or
rules,
provided
that
such
cash
assistance
shall
not
be
less
than
Rs.1,50,00
0.

provided
to
all
displaced
families
without
discrimina
tion,
including
resident
owners,
occupant
land
assignees,
long-term
lessess.
b)
This
assistance
shall
be
extendable
to mixeduse
structures
fulfilling
residential
and
commerci
al
purposes
in
owner
as well as
un-titled
categories.
c)
Displaced
squatters
losing
their
structure
will
be
entitled to
an
alternative
house
or
cash
assistance
as
per
Column-5,
or
compensat
ion
for
structure
as
per
Column 4,
Para-D in
the
First
Schedule,
whichever
is higher.

of
Second
Schedule
of RFCTLARR,
2013.

2
Land for
Land
In
the
case
of
irrigation
project,
as far as
possible
and
in
lieu
of
compensa
tion to be
paid
for
land
acquired,
each
affected
family
owning
agricultur
al land in
the
affected
area and
whose
land has
been
acquired
or lost, or
who has,
as
a
conseque
nce of the
acquisitio
n or loss
of
land,
been
reduced
to
the
status of
a
marginal
farmer or
landless,
shall
be
allotted,
in
the
name of
each
person
included
in
the
records
of rights
with
regard to
the

This
provision
is
not
applicable
to
DFCCIL,
rail
corridor
projects
which are
linear
in
nature.
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
709
affected
family, a
minimum
of
one
acre
of
land
in
the
command
area
of
the
project
for which
the
land
is
acquired:
Provided
that
in
every
project
those
persons
losing
land and
belonging
to
the
Schedule
d Castes
or
the
Schedule
d Tribes
will
be
provided
land
equivalen
t to land
acquired
or
two
and
a
one-half
acres,
whicheve
r is lowe
(item
2,
Sch.2,
RFCTLARR,
2013).

3

Offer for
Develope
d Land

In
case
the
land
is
acquired
for
urbanisati
on
purposes,
twenty
per cent.
of
the
develope
d
land
will
be

This
provision
is
not
applicable
to
the
DFCCIL
rail
corridor
projects.
However,
this
provision
may apply
in case if
reserved
and
offered to
land
owning
project
affected
families,
in
proportio
n to the
area
of
their land
acquired
and at a
price
equal
to
the
cost
of
acquisitio
n and the
cost
of
developm
ent:
Provided
that
in
case
the
land
owning
project
affected
family
wishes to
avail
of
this offer,
an
equivalen
t amount
will
be
deducted
from the
land
acquisitio
n
compensa
tion
package
payable
to it.

projects
involving
land
developm
ent
are
undertake
n
by
DFCCIL
in future.

4
Choice of
Annuity
or
Employm
ent

Affected
families
defined
u/s 3 (c)
of RFCTLARR,
2013

DFCCIL
shall
provide
Affected
families
with:
(a)
Employme
nt
opportunit
y
where
jobs
are
a) Suitable
provisions
will
be
made and
disclosed
in
line
with
the
extant
Law/Rules
as
obtaining
in
the
710 INDIAN LAW REPORTS ALLAHABAD SERIES
created
through
the project,
after
providing
them
suitable
training
and
skill
developme
nt in the
required
field, at a
rate
not
lower than
the
minimum
wages
provided
for in any
other
law
for
the
time being
in force, to
at least one
member
per
affected
family
in
the project
or arrange
for a job in
such other
project as
may
be
required;
or
(b)
Onetime
payment of
500,000
rupees per
affected
family; or
(c)
Annuity
policies
that
shall
pay
not
less
than
two
thousand
rupees per
month per
family for
twenty
years, with
appropriate
indexation
to
the
Consumer
Price
concerned
State
at
the time of
acquisitio
n.
b)
The
affected
family
will have
the option
to opt for
annuity or
onetime
financial
assistance
in lieu of
the above.

Index
for
agricultura
l
Labourers.

5
Subsisten
ce
grant
for
displaced
families
for
a
period of
one year

Each
affected
family
(losing
residentia
l, or/and
commerci
al
structures
) defined
u/s 3 of
RFCTLARR,
2013,
displaced
by
the
Project.

a.
Subsistenc
e
allowance
of Rs.3000
per month
for
one
year
b.
In
addition to
this
amount,
the
Scheduled
Castes and
the
Scheduled
Tribes
displaced
from
Scheduled
Areas shall
receive an
amount
Rs.50,000/
-

a.
The
affected
family
will have
the option
to opt for
onetime
payment
of
subsistenc
e
allowance
payable
over
a
year.
b.
The
additional
subsistenc
e
allowance
of 50,000
rupees
payable to
the
Scheduled
Castes and
the
Scheduled
Tribes
shall be on
onetime
basis.
c.
The
subsistenc
e
allowance
will
be
provided
to
the
displaced
squatters,
provided
they
are
below
poverty
line
or
without an
assured
source of
income, or
if
their
livelihood
is lost due
to
displacem
ent.
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
711
6
Transport
ation cost
for
displaced
families

Each
displaced
family in
owner
and nontitle
holder
categorie
s defined
u/s 3 of
RFCTLARR,
2013

One-time
financial
assistance
of
Rs.50,000/
-
as
transportati
on cost for
shifting of
the family,
building
materials,
belongings
and cattle.

a.
Transporta
tion
allowance
will
be
provided
to resident
owners,
lessees,
protected/l
ong term
tenants,
squatters.
b.
All
displaced
families
will
receive
three
months
advance
notice
to
vacate.

7
Cattle
shed/Petty
shops cost

Each
affected
family
having
cattle or
having a
small
shop

One-time
financial
assistant of
such
amount as
the
appropriate
Governme
nt may, by
notificatio
n, specify
subject to a
minimum
of
Rs.25,000/
-
for
constructio
n of cattle
shed
or
small shop
as the case
may be.

a.
Small
shops will
include
commerci
al
kiosks
and
shanties
where
business is
carried
out.
b.
Cattle
shed shall
mean any
permanent
,
semi
permanent
structure
or
makeshift
shed
erected on
long term
basis
for
keeping
cattle.
c. Kiosks
and
vendors
receiving
this
cash
assistance
under the
'small
shop'
category
shall
not
be entitled
to
any
other
rehabilitati
on
assistance
under
Second
Schedule.

8
One-time
grant
to
artisan,
small
traders
and
certain
others

Each
affected
family of
an
artisan,
small
trader or
selfemployed
person or
an
affected
family
which
owned
nonagricultur
al land or
commerci
al,
industrial
or
institutio
nal
structure
in
the
affected
area, and
which
has been
involunta
rily
displaced
from the
affected
area due
to
land
acquisitio
n

One-time
financial
assistance
of
amounts,
notified by
the
appropriate
Governme
nt but not
less
than
Rs.25,000/
-

a.
The
affected
families
eligible
for
this
assistance
may
be
from title
holder or
non-title
holder
categories
as defined
u/s 3 (3)
of RFCTLARR,
2013.
b.
The
actual
person
losing
income in
this
category
shall
be
eligible
for
this
financial
assistance
without
discrimina
tion on the
basis
of
gender.

9
Fishing
rights

In
cases
of
irrigation
or hydel
projects,
the
affected
families
may
be
allowed
fishing
rights in
the

This
provision
is
not
applicable
in case of
DFCCIL
projects.
712 INDIAN LAW REPORTS ALLAHABAD SERIES
reservoirs
, in such
manner
as may be
prescribe
d by the
appropria
te
Governm
ent.

1
0
One-time
Resettlem
ent
Allowanc
e

Each
affected
family

One
time
resettleme
nt
allowance
of
Rs.50,000/
-

a.
The
affected
families
eligible
for
this
assistant
may
be
from title
holder or
non-title
holder
categories
as defined
u/s 3 (c)
of RFCTLARR,
2013.
b.
This
will
be
extended
to also to
the
physically
challenged
persons
and
women
headed
household
s.

1
1
Stamp
duty and
registratio
n fee

Each
affected
family

Reimburse
ment
of
stamp duty
and
fees
for
purchase
and
registration
of
alternative
property

Purchase
of
alternative
property
including
land,
residence,
or shop to
replace
the
lost
land
and
assets
in
the name
of
self,
or/and in
the name
of
the
spouse
within one
year from
receipt of
compensat
ion.

1
2
Provision
of
Resettlem
ent Sites

Groups
of
affected
families
relocated
by
the
Project in
block in
resettlem
ent sites
establishe
d for the
purpose

Appropriat
e
permanent
housing
with
minimum
specified
floor area
at
resettleme
nt
sites
with
providing
basic
services
and
other
provisions
as spelt out
in
the
Third
Schedule
of RFCTLARR,
2013
where
resettleme
nt sites are
established
for
the
displaced
families.

a)
This
may
not
be
applicable
in
most
cases;
however,
wherever,
such
an
option
is
planned,
DFCCIL
shall
include
these
in
the
Resettlem
ent Action
Plan
(RAP) and
implement
the same.
b)
The
RAP shall
spell
out
services to
be
provided,
key
conditions
for
allowing
occupancy
,
and
indicators
for
withdrawa
l of postresettleme
nt support
once
the
people are
adequately
settled.

1
3
Loss
of
Communi
ty
Infrastruct
ure
and
Common
Property
Resources

Affected
communi
ties
and
groups

Reconstruc
tion
of
community
structure
and
common
property
resources

The
reconstruc
tion
of
communit
y
structures
and
replaceme
nt
of
common
property
resources
shall
be
10 All. Km. Bhavna & Anr Vs. Union of India & Ors.
713
done
in
consultati
on
with
the
communit
y.

1
4
Mitigation
of
Temporar
y Impacts
on Lands
and
Assets

Affected
owners of
land
&
assets

Compensat
ion
for
temporary
impact
during
constructio
n
like
disruption
of normal
traffic,
damage to
adjacent
parcel
of
land/assets
due to the
movement
of
heavy
machinery
and
plant
site.