Bajrang Lal S/O Chanda Lal Bairwa vs State Of Rajasthan, Through ...
2023 Latest Caselaw 2701 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 20812/2018

Bajrang Lal S/o Chanda Lal Bairwa
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Principle Secretary, Public Works
Department
                                                                ----Respondent

For Petitioner(s)         :    None present
For Respondent(s)         :    Mr. Rohit Choudhary, Dy.GC



         HON'BLE MR. JUSTICE GANESH RAM MEENA

                         Judgment / Order

08/03/2023

This writ petition has been filed by the petitioners with

the prayer to issue direction to the respondents to pay the

adequate compensation to them in lieu of their land over which

they have constructed the road without any acquisition.

It is stated in the petition that the respondents have

constructed a link road of about 3 Kms. from Kalupura Antaroad to

Batedi Balaji. It is further stated that the respondents have

constructed the road over their khatedari land without there being

any acquisition proceedings and paying compensation to the

petitioners.

The respondents have filed reply to the writ petition in

a vague manner without any specific averments of denying or

admitting the statements made in the writ petition.

It is borne out from the record of the petition that the

petitioners have made several representations to the respondents

and the Office of SDO, Mangrol, District Baran has also forwarded

(2 of 2) [CW-20812/2018]

the representation of the petitioner vide letter dated 31.5.2018 to

the Assistant Engineer, PWD, Mangrol in regard to the claim of

compensation for the land used for construction of the road.

In view of the above, this Court calls for an affidavit of

the Chief Engineer, Public Works Department, with the specific

contents 'Whether any khatedari land of the petitioners has been

used for construction / widening of the road in question and if any

part or piece of the land has been used for construction/ widening

of the road, what action they have taken for allowing

compensation for the land used for the road?

List the matter on 16.03.2023. The Chief Engineer,

Public Works Department, shall file an affidavit, as stated above,

before the next date, failing which the Chief Engineer, Public

Works Department shall remain personally present before this

Court on the next date.

(GANESH RAM MEENA),J

Sharma NK/32

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