Dedicated Freight Corridor ... vs Divisional Commissioner Jaipur
2022 Latest Caselaw 3823 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

                S.B. Civil Writ Petition No. 4798/2022

Dedicated Freight Corridor Corporation Of India Limited
                                                                     ----Petitioner
                                     Versus
Divisional Commissioner Jaipur & Ors.
                                                                  ----Respondents

For Petitioner(s) : Mr. P.C. Sharma assisted by Mr. Asad Sheikh For Respondent(s) :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

13/05/2022

Learned counsel for the petitioner submits that compensation

of acquisition of the land under the provisions of the Railways Act,

1989 (for brevity "the Act of 1989") is payable on the market

value of the land on the date of publication of notification under

Section 20(A) of the Act of 1989 which, in the present case was

10.02.2009. He submits that indisputably, on the relevant date,

the land in question was agricultural in nature and hence, the

judgment dated 21.12.2021 passed by the Divisional

Commissioner, Jaipur remanding the matter back to the

competent authority to determine compensation afresh treating

the land to be part of Gair Mumkin Abadi on account of

subsequent development, is bad in law.

Issue notice of the writ petition as well as of the stay

application confined to the respondent No.3. Rule is made

returnable by four weeks. Notices may also be given "Dasti".

Heard learned counsel on interim relief.

(2 of 2) [CW-4798/2022]

Taking into consideration the contentions and the material on

record, this Court deems it just and proper to stay the operation

and effect of the judgment dated 21.12.2021, till further orders.

(MAHENDAR KUMAR GOYAL),J

Manish/64

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