Fajar Ali vs State Urban Developmentors ...
2023 Latest Caselaw 5998 Raj/2

[2023:RJ-JP:29265]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 5976/2012

Fajar Ali S/o Sher Mohammed Khan, aged about 51 years,
Khidarsar Pura Ki Dhani Post Dearwala, District Jhunjhunu Raj..
                                                                          ----Petitioner
                                        Versus
1.       The     State     Of       Rajasthan      Through           Secretary,   Urban
         Development And Housing Department, Government Of
         Rajasthan, Secretariat, Jaipur.
2.       The District Collector Land Acquisition Officer, Jhunjhunu
         Raj .
3.       The     Executive          Officer,     Rajasthan           Housing      Board,
         Jhunjhunu.
                                                                      ----Respondents

For Petitioner(s)               :    Mr. D.S. Dharwal
For Respondent(s)               :    Mr. C.L. Saini, AAG with Ms. Megha
                                     Soni



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                                Judgment / Order

13/10/2023

1. Counsel for the petitioner fairly submits that the issue

involved in the present writ petition is no more res integra as the

same has been decided by this Court in a batch of petitions i.e.

S.B. Civil Writ Petition No.9127/2007 Sharbati Devi Vs.

State of Rajasthan & Ors. and other connected matters, on

11.12.2017. Counsel further submits that the petitioner may also

be allowed the same liberty as allowed by the Co-ordinate Bench

as in the case of Sharbati (Supra).

[2023:RJ-JP:29265] (2 of 2) [CW-5976/2012]

2. On directions of this court, Mr. C.L. Saini, AAG with Ms.

Megha Soni, present before the Court, puts in appearance on

behalf of respondents No.1 & 2.

3. Considered the submissions made by counsel for the

petitioner and taking into consideration the order passed by the

Co-ordinate Bench in case of Sharbati (Supra), the present writ

petition is disposed of with liberty to the petitioner that if the

petitioner remain aggrieved by the award, may file reference, if

determination of compensation by the respondents is not

adequate as or to take other relief, as available to him in the facts

and circumstance of the case, which includes, even to seek

allotment of 25 per cent developed land as per the policy of the

Government, in lieu of the compensation.

4. Since the main petition has been disposed, all other pending

application/s, if any, also stand disposed.

(GANESH RAM MEENA),J

ARTI SHARMA /19

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