Rajasthan High Court - Jodhpur
Ramesh vs Union Of India on 2 May, 2022
Bench: Sandeep Mehta, Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Civil Writ Petition No. 12542/2020
1. Ramesh S/o Late Shri Om Prakash, Aged About 35 Years,
By Caste Jain, R/o 148, Gogamand Ka Bass, Pal Gaon,
Tehsil And District Jodhpur, Rajasthan.
2. Pankaj S/o Shri Bheekam Chand, Aged About 38 Years,
By Caste Jain, R/o Meghwalo Ka Bass, Village Pal, Tehsil
And District Jodhpur, Rajasthan.
----Petitioners
Versus
1. Union Of India, Through The Secretary, Ministry Of Road,
Transport And Highway, Government Of India, New Delhi.
2. The State Of Rajasthan, Through The Revenue
Department (Group-6), Jaipur.
3. The Prescribed Authority (Competent Authority Land
Acquisition) S.d.o. Rohet, Rohet Bypass Section, (N.h.-
65), Jodhpur-Pali Road.
4. The Project Director And Executive Engineer, (Public
Works Department) National Highway Division, Pali.
----Respondents
For Petitioner(s) : Mr. Pradeep Swami
For Respondent(s) : -
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/05/2022
The instant writ petition has been preferred by the
petitioner with the following prayers :-
"I. The notification issued by the State Government of
Rajasthan, Revenue Department dated 14.06.2016
must be quashed and set aside, in so far as the
impugned notification cannot be applied to the
(2 of 3) [CW-12542/2020]
acquisitions made by the Central Government, when
the Central Government has itself made it very clear by
the Gazette Notification dated 09.02.2016 [Annex.5]
will be applicable to the acquisitions made by the
Central Government.
II. The notification issued by the State Government of
Rajasthan,. Revenue Department dated 14.06.2016
[Annex.6] must be quashed and set aside, in so far as
the impugned notification considers the criteria of
distance from the Urban Area for applying of multiplier
factor for determination of compensation for the
acquired land, whereas, for Central Govt. Projects the
multiplier factor is two.
III. The Notification issued by the State Government of
Rajasthan, Revenue Department dated 14.06.2016
must be quashed and set aside, since this notification
of the State Govt. is not applicable on the acquisitions
then by Central Government, it is violative of Section
106 of the Right to Fair Compensation Act.
IV. The respondents may kindly be directed to apply
the notification dated 09.02.2016 issued by the
Ministry of Rural Development for acquisitions by
Central Government instead of State Government
notification dated 14.06.2016.
V. The respondents may kindly be directed to re-
determine the award of the petitioner's land by
multiplying the market value of the land of the
petitioners by 2.00."
Learned counsel for the petitioner frankly concedes that
a bunch of writ petitions led by D.B. Civil Writ Petition
No.5916/2021 (Susila Kankariya Vs. State of Rajasthan)
(3 of 3) [CW-12542/2020]
involving identical controversy has been dismissed by this court
vide judgment dated 05.02.2022.
In view of the above factual and legal position, the
instant writ petition is also dismissed in light of the Division Bench
judgment rendered in the case of Susila Kankariya (supra).
(REKHA BORANA),J (SANDEEP MEHTA),J
10-Pramod/-
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