Smt. Sayra Devi vs Union Of India
2022 Latest Caselaw 6521 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Writ Petition No. 478/2021

Smt. Sayra Devi W/o Rajuram Ji, Aged About 46 Years, R/o House No. 50, Adarsh Nagar, Shubhawato Ki Dhani, Pal Road, District Jodhpur.

----Petitioner Versus

1. Union Of India, Through The Secretary, Ministry Of Road Transport And Highway , Government Of India, Transport Bhawan 1, Parliament Street, New Delhi - 110001

2. National Highway Authority Of India, Through The Chairman, Government Of India, G 5 And 6, Sector - 10, Dwarka, New Delhi - 110075

3. State Of Rajasthan, Through Secretary, Department Of Revenue, Government Of Rajasthan, Secretariat, Jaipur.

4. Land Acquisition Officer Cum Additional District Collector -

Iii, Jodhpur, Opposite Rajasthan High Court Old Campus, District Jodpur, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)          :     None present.
For Respondent(s)          :     Mr. Sunil Beniwal, AAG
                                 Mr.Mukesh Rajpurohit, ASG



             HON'BLE MR. JUSTICE SANDEEP MEHTA

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

05/05/2022

None present on behalf of the petitioner even in the second

round.

The instant writ petition has been filed by the petitioner with

the following prayers:-

"It is therefore prayed that by an appropriate writ, order or direction to the following effect may kindly be given-

     i.      Allow the Writ Petition;





                                           (2 of 3)                      [CW-478/2021]


ii.    The Notification dated 14.06.2016 (Annexure-9) may

be declared ultra vires to the extent it violates the provision of the Gazette Notification dated 09.02.2016 and therefore same may be quashed and set aside up to the extent it violates the Gazette Notification issued by the Government of India dated 09.02.2016 (Annexure-10) iii. The Respondent may kindly be directed to comply with the provision of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and re-determine and revise the Award of compensation in the light thereof.

iv. The Notification dated 14.06.2016 issued by the Respondent may kindly be quashed to the extent it treats the Petitioner's land being a Jodhpur Region land not vesting in village or rural land/area (Annexure-9) v. The Respondent may be directed to act upon Gazette Notification issued by the Government of India dated 09.02.2016 in determining the compensation to be paid to the Petitioner. (Annexure-10) vi. The Respondent may be further directed to issue a fresh Award of compensation in terms of the Gazette Notification of the Government of India dated 09.02.2016 declaring the Petitioner's land to be one falling in the category of rural and village area. vii. Respondent may also be directed to pay interest to the tune of 24% by way of damages on the amount of Solatium from the filing of this present Writ Petition to the final decision of this Writ Petition. viii. Any other appropriate writ, order or direction which this Hon'ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

ix. Costs of the Writ Petition may kindly be awarded to the Petitioner."

(3 of 3) [CW-478/2021]

Shri Sunil Beniwal, AAG drew the Court's attention to the

judgment passed in the case of Susila Kankariya vs. State of

Rajasthan & Ors. (D.B. Civil Writ Petition No.5916/2021,

decided on 05.02.2022) and urged that the controversy

involved in this writ petition has been concluded by the Division

Bench. Hence, the instant writ petition is also dismissed in light of

above judgment.

(VINOD KUMAR BHARWANI),J (SANDEEP MEHTA),J 27-Sudhir Asopa/-

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