Bajrang Singh vs State Of Rajasthan
2021 Latest Caselaw 18421 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 687/2021

1. Bajrang Singh S/o Kishan Singh, Aged About 55 Years, By Caste Rajput, resident of Village And Post Mithri Via Deedwana, Tehsil Ladnu, District Nagaur

2. Jabbar Singh s/o Kishan Singh, Aged About 58 Years, By Caste Rajput, resident of Village And Post Mithri Via Deedwana, Tehsil Ladnu, District Nagaur

----Appellants Versus

1. State Of Rajasthan, Through District Collector, Nagaur

2. Public Works Department, through Secretary (PPP Division), Government Of Rajasthan, Secretariat Jaipur

3. Project Director And Superintending Engineer, Public Works Department, PPP Division Laxmangarh, Sikker

4. Gram Panchayat Mithri, Through The Sarpanch, Panchayat Samiti Ladnu, District Nagaur

5. Gr Infra Projects Limited, Through The Executive Director Head Office, Gr House Hiranmagri, Sector 11, Udaipur.

6. The Land Acquistion Officer and SDO Ladnu, District Nagaur.

7. The Executive Engineer (PPP) PIW Laxmangarh, Public Works Department, Laxmangarh.

----Respondents

For Appellant(s) : Mr. Nitin Prakash Trivedi For Respondent(s) : Mr. Anil Bachhawat, Mr. S.R. Paliwal, Mr. Vinit Sanadhya

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

Judgment

03/12/2021

The appellants-original petitioners have challenged the order

dated 23.11.2021 passed by the learned Single Judge in S.B. Civil

Writ Petition No.13747/2018.

The petitioners are owners of land bearing khasra No.147

situated in village Mithri, District Nagaur, which the State authority

(2 of 3) [SAW-687/2021]

acquired for the construction of the part of the State Highway.

The authorities have initiated proceedings for acquisition of the

said land and nearby lands under the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 (hereinafter referred to as 'Act'). It

appears that at one stage in the draft impact assessment orders,

Khasra No.147 of the petitioners was not included. Subsequently,

in the final order the land has been included. The competent

authority has issued a preliminary notification of acquisition under

Sub-section (1) of Section 11 of the Act on 23.07.2018. This was

challenged by the petitioners before the learned Single Judge on

various grounds, primarily on the ground that procedure preceding

issuance of the notification under Section 11(1) of the Act was not

followed and in particular, social impact assessment as required

under Section 4 of the Act in relation to the land in question, was

never carried out. The learned Single Judge dismissed the

petition, upon which this appeal has been filed.

Having heard learned counsel for the parties and perused the

documents on record, we are of the opinion that against the

preliminary notification issued by the Government under Section

11(1) of the Act, the person interested in the land, has a right to

raise objections under Section 15(1) of the Act. Sub-section (1)

of Section 15 permits the objections in relation to, Clause (a) the

area and suitability of land proposed to be acquired, (b)

justification offered for public purpose, and (c) the findings of the

social impact assessment report. Since the ground of the petition

is that no social impact assessment was carried out, in our

opinion, such provision falls under Clause (c) of Section 15(1) of

(3 of 3) [SAW-687/2021]

the Act. The petitioners have, thus, right to raise objection

against the preliminary notification issued under Section 11(1) of

the Act.

At this stage, we would not like to interfere. However, time

provided under Section 15(1) of the Act for raising such objections

is 60 days from the date of publication of the preliminary

notification. The petitioners had moved this Court shortly after the

notification was issued and this Court had entertained the petition

and also granted the interim relief. In that view of the matter, the

petitioners would have time to raise such objections.

If such objections are raised within 30 days from today, the

same shall be decided in accordance with law. At this stage,

learned counsel for the petitioners placed on record a copy of the

notification dated 30.11.2021 issued by the Land Acquisition

Officer asking the petitioners to receive compensation for their

land and vacate the premises. We are surprised that even before

completion of the acquisition proceedings, an attempt is being

made to determine and pay the compensation and take

possession of the land. It is, therefore, provided that till the

petitioners' objections are disposed of, the petitioners' possession

shall not be disturbed.

With these observations and directions, the appeal is

disposed of.

                                   (SUDESH BANSAL),J                                        (AKIL KURESHI),CJ


                                   125-MohitTak/-









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