Prabhu Dayal And Ors vs Land Acquisition Officer And Ors ...
2023 Latest Caselaw 5158 Raj/2

[2023:RJ-JP:24237]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 20517/2017

1.       Prabhu Dayal, S/o Birdhu Kumhar, R/o Khasra No 1581/1,
         1581 Measuring 1320 Sq Meter, Village And Sub Tehsil
         Manoharpura, Tehsil Sahapura, District Jaipur
2.       Nathu Lal Alias Pradeep Kumar Acarya S/o Geesa Lal
         Acarya, R/o Khasra 1522/1 Area 1781 Sq Meter At Village
         And Sub Tehsil Manoharpura, Tehsil Sahapura, District
         Jaipur
3.       Gita Devi W/o Nathu Lal Alis Pradeep Kumar Acarya, R/o
         Khasra 1523/3 At Village And Sub Tehsil Manoharpura,
         Tehsil Sahapura, District Jaipur
4.       Jagdish Balai S/o Sundar Lal Balai, R/o Khasra No 1523/1
         Area 111 Sq Yards At Village And Sub Tehsil
         Manoharpura, Tehsil Sahapura, District Jaipur
5.       Roodi Devi W/o Sadhu Ram, R/o Khasra No 1117 Village
         And Sub Tehsil Manoharpura, Tehsil Sahapura, District
         Jaipur
6.       Arjun Lal S/o Sheosai Sahay Yadav, R/o Khasra No 1117
         Village And Sub Tehsil Manoharpura, Tehsil Sahapura,
         District Jaipur
7.       Hanuman Sahai S/o Sadhu Ram, R/o Khasra No 1117
         Village And Sub Tehsil Manoharpura, Tehsil Sahapura,
         District Jaipur
                                                                   ----Petitioners
                                    Versus
1.       The Land Acquisition Officer, National Highway Authority-
         8 Cum Adm Kotputli, District Jaipur
2.       The Project Director, Project Implementation Unit, Nh-8
         Project, D-148, Behind Rseb Sub-Station Vaishali Nagar,
         Jaipur.
3.       The Regional Manager,              National        Highway    Authority,
         Shyam Nagar Jaipur.
4.       Union Of India Through Under Secretary, Ministry Of Road
         And Highways, Government Of India, New Delhi
5.       The Secretary, Ministry Of Environment, Government Of
         India, New Delhi.
                                                                 ----Respondents

For Petitioner(s)         :     Dr. Saugath Roy
For Respondent(s)         :



           HON'BLE MR. JUSTICE GANESH RAM MEENA



                                    [2023:RJ-JP:24237]                        (2 of 2)                        [CW-20517/2017]


                                                                    Judgment / Order

                                   21/09/2023

1. The present writ petition has been filed by the petitioners

assailing the notification dated 16.03.2016 under Section 3A of

the National High Ways Act, 1956, published in the news paper on

07.04.2016 and declaration dated 30.01.2017 published in the

news paper on 23.02.2017. Further the order dated 01.12.2016

and declaration dated 01.12.2016.

2. Counsel for the petitioners submits that during pendency of

this writ petition, the award was passed on 03.08.2017 and being

aggrieved by award and the manner of determination of

compensation amount, the petitioners have already preferred a

reference application raising the ground of multiply to be made

applicable in the case of the petitioners.

3. In view of filing of the reference application, counsel for the

petitioners seek to withdraw the present writ petition.

4. In view of the prayer made by counsel for the petitioners,

the present writ petition is dismissed as withdrawn however, the

concerned authority before whom the reference application is

pending, is directed to decide the reference application

expeditiously and consider all the issues raised by the petitioners.

5. Since the main petition has been dismissed as withdrawn, all

other pending applications, if any, also stand dismissed.

(GANESH RAM MEENA),J

ARTI SHARMA /3

Powered by TCPDF (www.tcpdf.org)