Jeet Mal And Anr vs State And Ors
2022 Latest Caselaw 2313 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3287/2007

1. Jeet Mal S/o Shri Kesuram (Dead) through LRs: 1/1 Bhanwari Devi W/o Late Shri Jeetmal 1/2 Prahlad S/o Late Shri Jeetmal 1/3 Ravindra S/o Late Shri Jeetmal 1/4 Sanjay S/o Late Shri Jeetmal 1/5 Arvind S/o Late Shri Jeetmal 1/6 Bindu W/o Vijay D/o Late Shri Jeetmal 1/7 Anita W/o Satya Narain D/o Late Shri Jeetmal

2. Smt. Pushpa Devi W/O Late Shri Jeetmal, Age about 48 years, All Above R/O Ambaveri, Village Gram Toos Dangiyan, Teshsil

Vallabhnagar, District Udaipur (Raj)

----Petitioner Versus

1. State of Rajasthan through Secretary, Department of Tourism and Civil Aviation Government of Rajasthan, Secretariat, Jaipur (Raj)

2. District Collector, Udaipur

3. Deputy Secretary, Department of Tourism and Civil Aviation, Government of Rajasthan, Secretariat, Jaipur (Raj)

4. Airports Authority of India, Rajiv Gandhi Bhawan, Safdarjung Airport, New Delhi 110003

5. Airport Director, Maharana Pratap Airport, Udaipur (Raj)

6. Land Acquisition Officer (S.D.M.) Vallabhnagar, Udaipur (Raj)

----Respondent

For Petitioner(s) : Mr. Tarun Joshi Mr. Siddharth Joshi Mr. Khet Singh Mr. Vikram Singh For Respondent(s) : Mr. MS Singhvi, learned AG, assisted by Mr. KS Lodha, through VC Mr. KK Bissa Mr. Rajat Dave

(2 of 4) [CW-3287/2007]

JUSTICE DINESH MEHTA

Order

09/02/2022

I.A.No.01/2022:

For the reasons stated, application seeking substitution of

the applicants of petitioner (Jeet Mal), who passed away on

18.08.2018, is allowed.

The applicants are substituted as petitioners.

Amended cause titled is taken on record.

SBCWP No.3287/2007:

1. The land acquisition proceedings commenced vide a

notification dated 07.12.2006, issued under Section 4 of the Land

Acquisition Act, 1894 (hereinafter referred to as "the Act of 1894)

for the purpose of expansion of the Maharana Pratap Airport,

Udaipur.

2. Pursuant to the notification aforesaid, the petitioner filed

objection, whereafter while exercising powers under Section 17(1)

and Section 6 of the Act of 1894, the State Government issued a

notification dated 28.04.2007 and the land accordingly stood

vested in the State.

3. Mr. Siddharth Joshi, learned counsel for the petitioner at the

outset submits that the award in question has not been passed so

far. He submits that in the interest of the development of the city

the petitioners are prepared to abandon the grievance/grounds

raised in the petition and it would be satisfied if the competent

authority is directed to determine the compensation payable to it,

in accordance with law, which according to him would be as per

(3 of 4) [CW-3287/2007]

the new Act namely, the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and Resettlement

Act, 2013 (hereinafter referred to as "Act of 2013").

4. Mr. Singhvi, learned AG appearing on behalf of the

respondent-State does not dispute the fact that the award has not

been passed by the land acquisition Officer till today. He,

however, submits that the award was not passed in view of the

interim order dated 20.06.2007 passed by this Court.

5. In view of the judgment of Hon'ble the Supreme Court

rendered in case of Indore Development Authority vs.

Manoharlal & Ors. 2020 8 SCC(129) and the fair stand taken

by the petitioner, the writ petition stands disposed of with a

direction to the Land Acquisition Officer to pass award in

accordance with law i.e. under the provisions of the Act of 2013,

as early as possible, preferably within a period of three months

from today.

6. During the course of submission, Mr. Siddharth Joshi,

learned counsel for the petitioner informed that the 18 members

of petitioners' family are living in a dwelling unit and it is prayed

that till the compensation is paid to the petitioners, the possession

of that part of the petitioners' land on which dwelling unit has

been constructed not be taken.

7. Having regard to the fact that the petitioners are residing in

their dwelling unit, it is hereby ordered that the State shall be free

to take possession of the entire area after 31.03.2022, except the

constructed portion on which the petitioners are residing.

(4 of 4) [CW-3287/2007]

8. Possession of the dwelling unit shall however be taken by the

State, once the amount of award is determined and compensation

amount is paid/deposited.

9. In view of the fair stand taken by the petitioner, the

competent authority is directed to pass the award, as early as

possible, preferably within a period of three months from today.

10. Needless to observe that it will be required of the Airport

Authority of India to deposit the amount pursuant to the aforesaid

award within a period of four weeks of the date of the award.

11. Needless to observe that the rights of all the parties in

relation to quantum of compensation shall remain reserved.

12. Writ petition so also stay application stands disposed of

accordingly.

(DINESH MEHTA),J 126-pooja/-

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