Rajasthan High Court
Jamna Lal S/O Devi Lal @ Devia ... vs State Of Rajasthan on 2 August, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6560/2021
Jamna Lal S/o Devi Lal @ Devia Dhakar, Aged About 60 Years,
R/o Village Aarliya Jagir, Tehsil Ladpura, District Kota, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Kota.
2. The National Highway Authority, Through Project Director
(North), A-504, Indira Vihar, Talwandi, Kota Rajasthan.
3. Competent Authority (Land Acquisition) Cum Sub
Divisional Officer, Ladpura, Kota, Rajasthan.
----Respondents
Connected With
S.B. Civil Writ Petition No. 9235/2020
Laxminarayan S/o Mathuralal, Aged About 60 Years, R/o Village
Arlia Jagir, Tehsil - Ladpura, District Kota, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Kota.
2. The National Highway Authority, Through Project Director
(North), A-504, Indira Vihar, Talwandi, Kota, Rajasthan
3. Competent Authority (Land Acquisition) Cum Sub
Divisional Officer, Ladpura, Kota, Rajasthan.
----Respondents
S.B. Civil Writ Petition No. 10717/2020
Basanta @ Basanti Lal S/o Bhaiyaji, Aged About 80 Years, R/o
Village- Balapura, Tehsil Ladpura, District, Kota, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Kota
2. The National Highway Authority, Through Project Director
(North), A-504, Indira Vihar, Talwandi, Kota, Rajasthan
3. Competent Authority (Land Acquisition) Cum Sub
Divisional Officer, Collectorate, Kota, Rajasthan
----Respondents
(2 of 4) [CW-6560/2021]
S.B. Civil Writ Petition No. 3589/2021
Girdharilal S/o Late Shri Mangilal, Aged About 75 Years, R/o
Village Arliya Jagir, Shankarpura, Tehsil Ladpura, District Kota,
Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Kota.
2. The National Highway Authority, Through Project Director
(North), A-504, Indira Vihar, Talwandi, Kota Rajasthan
3. Competent Authority (Land Acquisition) Cum Divisional
Officer, Ladpura, Kota, Rajasthan
----Respondents
S.B. Civil Writ Petition No. 6526/2021
Indra Raj Son Of Late Ram Kishan Dhakar, Aged About 27 Years,
R/o Village Arliya Jagir, Tehsil Ladpura, District Kota, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through District Collector, Kota.
2. The National Highway Authority, Through Project Director
(North), A-504, Indira Vihar, Talwandi, Kota Rajasthan.
3. Competent Authority (Land Acquisition) Cum Sub
Divisional Officer, Ladpura, Kota, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Jain
For Respondent(s) : Mr. Vikas Soni, Mr. Vijay Kr. Mittal,
Mr. Akshay Sharma, Addl. G.C.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
02/08/2021
All the three respective counsels for the parties are jointly
agreed that the issue as raised in these writ petitions stand
already decided and is covered by the judgment passed by a
Coordinate Bench of this Court in Bunch of writ petitions in the
(3 of 4) [CW-6560/2021]
case of Brahmadatt Meena Vs. State of Raj. and ors.: SBCWP
No.8427/2020, decided on 03.03.2021, wherein this Court passed
the following order:
"These writ petitions have been filed by the petitioners for
seeking a direction against the respondent-National Highway
Authority and Competent Authority (Land Acquisition) cum Sub-
Divisional Officer/s, Kota for payment of compensation to the
petitioners for their land at present market rate along with
compensation of solatium. The petitioners have also prayed that
this Court may appoint an Arbitrator for deciding the suitable
compensation to be paid to the petitioners.
This Court in some of the cases passed an interim order while
issuing notices (SB Civil Writ Petition No.11816/2020 dated
04.11.2020) and directed that if compensation has already been
determined by the respondents, the same would be paid to the
petitioners before taking possession of the land and acceptance
of the compensation amount shall be subject to outcome of the
writ petition.
Learned counsel for the respondents submitted that in respect
of the acquisition of land of the petitioners, proper procedure
was followed as per the National Highways Act, 1956 (for
short 'the Act of 1956') and as per provision 3G of the Act of
1956, the compensation was also determined by the Competent
Authority.
Learned counsel submitted that after interim order passed by
this Court, public notice was issued by Land Acquisition Officer,
Kota whereby as many as 13 petitioners were called for taking
compensation after completing certain formalities.
Learned counsel for the respondents submitted that in some of
the cases, the petitioners have accepted the compensation and
for the remaining petitioners, the Authorities are prepared to
release the amount of compensation as determined under the
provisions of the Act of 1956.
Learned counsel for the petitioners submitted that the
respondents though have issued public notice but while disbursing
the compensation, they are insisting for filing certain documents
like affidavit, etc. which may not be relevant for the purpose of
disbursing the compensation.
This Court finds that main prayer of the petitioners in the
present writ petitions is for payment of compensation and if the
respondent-Authorities have determined the compensation, they
are liable to release the same in favour of the
petitioners/persons who are entitled to receive the same.
(4 of 4) [CW-6560/2021]
This Court further finds that if the amount of compensation is
not acceptable to the petitioners and they intend to claim higher
compensation, the remedy is provided under Section 3G (5) of
the Act of 1956 and the petitioners can always avail the same for
claiming higher compensation, if they are advised so.
This Court further finds that the respondents have already
appointed the District Collector as Arbitrator-Competent
Authority under the Act of 1956 and as such, the matter can be
taken before the Competent Authority by the persons who are
aggrieved.
This Court finds that the formalities which are required to be
completed by the petitioners, should be informed to them and
after collecting the relevant information and documents, the
compensation should be disbursed to the petitioners
expeditiously.
This Court, disposes of these writ petitions, by directing the
respondents to release compensation in favour of the petitioners
and to other persons who have became entitled in view of the
award passed by them.
This Court directs the respondents that if the petitioners
approach the respondents within a period of two weeks, from the
receipt of this order, along with required information and
documents, the Authorities are directed to decide their claim
for compensation within a period of four weeks thereafter.
A copy of this order be placed in each connected petition."
Taking into consideration the aforesaid, these writ petitions
are disposed of in the same terms as above.
A copy of this order be placed in each of the file.
(SANJEEV PRAKASH SHARMA),J
TN/54-58
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