Rajasthan High Court - Jodhpur
Mohan Lal vs Union Of India (2025:Rj-Jd:17430) on 3 April, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:17430]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 12204/2020
1. Mohan Lal S/o Varinga Ram, Aged About 59 Years, By
Caste Vishnoi, R/o Dalpatgarh, Tehsil Rohit, District Pali,
Rajasthan.
2. Kheem Singh S/o Karan Singh, Aged About 45 Years, By
Caste Rajpurohit, R/o Village Beetu, Tehsil Rohit, District
Pali, Rajasthan.
3. Bhanwar Kanwar W/o Kheem Singh, Aged About 43
Years, By Caste Rajpurohit, R/o Village Beetu, Tehsil
Rohit, District Pali, Rajasthan.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The Chief Engineer (National Highway), Public Works
Department, Government Of Rajasthan, Jaipur (Raj.).
3. The Prescribed Authority (Land Acquisition) And Sub
Divisional Officer, Rohet, Pali, District Pali, Rajasthan.
4. The Project Director And Executive Engineer, Public Works
Department, National Highway Block, Pali (Raj.).
----Respondents
For Petitioner(s) : Mr. Pradeep Swami.
For Respondent(s) : Mr. Aishwarya Anand.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order 03/04/2025
1. Heard learned counsel for the parties.
2. Learned counsel for the parties are in agreement that the controversy involved in the present writ petition is squarely covered by a judgment of even date rendered by this Court in S.B. Civil Writ Petition No.4837/2025 (Sunil Sancheti Vs. Union of India & Ors.) in the following terms:- (Downloaded on 05/04/2025 at 05:07:16 PM)
[2025:RJ-JD:17430] (2 of 2) [CW-12204/2020] "11. In these circumstances, this Court is firmly of the view that the petitioner is duly entitled for grant of solatium and interest for acquisition of his land by the respondents. However, since the dispute has not been raised before the Land Acquisition Officer, therefore, it will be in the interest of justice that the petitioner may be given liberty to approach the Land Acquisition Officer for grant of solatium and interest as per law in the light of the law laid-down by the Hon'ble Supreme Court in the case of Tarsem Singh (supra).
12. In view of the discussions made above, the writ petition is disposed of with liberty to the petitioner to approach the concerned Land Acquisition Officer by way of filing an appropriate application for grant of solatium and interest and the Land Acquisition Officer is directed to decide the said application expeditiously, after giving reasonable opportunity of hearing to all the concerned parties, by passing a reasoned and speaking order preferably within a period of three months from the date of receipt of such application.
13. It is made clear that the respondents will be at liberty to raise all the grounds available to them including the ground of delay in filing such application.
14. The stay application as well as other pending misc. applications, if any, stand disposed of accordingly."
3. In view of the submissions made before this Court, the present writ petition is disposed of in terms of the judgment rendered by this Court in the case of Sunil Sancheti (supra).
(VINIT KUMAR MATHUR),J C-9-Shahenshah/-
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