Rajasthan High Court - Jodhpur
Banshi Lal vs Raj. Housing Board, Jaipur ... on 10 November, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:48210-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 995/2022
Banshi Lal S/o Late Sh. Jasa Ram Jat, Aged About 73 Years,
Resident Of Basni II Phase, Near Railway Crossing And Plot No.
207, Jodhpur.
----Appellant
Versus
1. Raj. Housing Board, Jaipur, Through Its Chairman,
Bhagwandas Road, Jyoti Nagar, Jaipur.
2. The Deputy Secretary, Urban Development And Housing
Department (Group Iii), Government Of Rajasthan, Jaipur.
3. The Secretary, Rajasthan Housing Board, Bhagwandas
Road, Jyoti Nagar, Jaipur.
4. The Resident Engineer, Rajasthan Housing Board, Division
II, Jodhpur.
5. Shimbhu Ram S/o Jagmal Ram, Aged About 79 Years, By
Caste Jat, R/o At Present At Bhagat Ki Kothi, Jodhpur,
Rajasthan
6. Bhanwaru Ram S/o Sh. Shimbhu Ram, Aged About 59
Years, By Caste Jat, R/o At Present At Bhagat Ki Kothi,
Jodhpur, Rajasthan
7. Shiv Singh S/o Sh. Alsi Ram, Aged About 64 Years, By
Caste Jat, R/o At Present At Bhagat Ki Kothi, Jodhpur,
Rajasthan
8. Prem Prakash S/o Sh. Girdhari Ram, Aged About 56
Years, By Caste Jat, R/o At Present At Bhagat Ki Kothi,
Jodhpur, Rajasthan
9. Kana Ram S/o Sh. Girdhari Ram, Aged About 72 Years, By
Caste Jat, R/o At Present At Bhagat Ki Kothi, Jodhpur,
Rajasthan
10. Ashok S/o Sh. Girdhari Ram, Aged About 52 Years, By
Caste Jat, R/o At Present At Bhagat Ki Kothi, Jodhpur,
Rajasthan
11. Dhudi W/o Sh. Shimbhu Ram, Aged About 76 Years, By
Caste Jat, R/o At Present At Bhagat Ki Kothi, Jodhpur,
Rajasthan
----Respondents
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For Appellant(s) : Mr. Rajesh Joshi, Sr. Advocate
assisted by Mr. Chandraveer Singh
Shekhawat
For Respondent(s) : Mr. Mool Singh Panwar
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
HON'BLE MR. JUSTICE BIPIN GUPTA
Order
10/11/2025
1. Heard learned counsel for the parties.
2. The present special appeal has been filed against the order
dated 27.01.2022 whereby the writ petition as filed by the
petitioner was dismissed.
3. Briefly noted the facts in the present special appeal are that
the appellant was having 32 bighas of land in the village Kudi
Bhagtasni, District Jodhpur. The respondent-Housing Board issued
a notification dated 23.03.1989 under Section 4(1) of the Land
Acquisition Act, 1894 (hereinafter referred to as the 'Act of 1894')
for the acquisition of the said land.
4. In pursuance of the said notification issued under Section 4
(1) of the Act of 1894, the land of the appellant was to be
acquired. The appellant being desirous of getting his land acquired
by the respondent-Housing Board entered into an agreement with
the respondent and ultimately, after deliberations, under Section
11(2) of the Act of 1894, a compromise award dated 19.06.1989
was passed. As per the terms of the award, the entire land of the
appellant was to be acquired and the appellant was to be paid the
compensation for the land @ Rs. 20,051/- per bigha and also
compensation for the trees and permanent structure. Besides this,
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the appellant and other similarly situated persons were also held
entitled for a piece of land i.e. half bigha of land if the land
acquired was more than 5 and less than 10 bighas, and if the land
acquired was beyond 10 bighas, then the land owner was entitled
for one bigha of land by the respondent-Housing Board.
5. In pursuance of the award dated 19.06.1989, due formalities
were completed, however, the appellant was not handed over the
one bigha of land although he was entitled for the same as the
land acquired from him by the respondents was beyond 10 bighas.
Thereafter, the respondent-Housing Board issued draw of lots on
24.06.1994 whereby the appellant was allotted plot No.3/4.
However, the possession of the same was not handed over to the
appellant and therefore, he wrote another letter to the
respondent-Housing Board stating his grievances.
6. The respondents vide communication dated 11.04.2001
informed the appellant that he was not entitled for one bigha of
land in plot no.3/4 as the Chairman of respondent-Housing Board
has permitted grant of only half bigha of land.
7. The matter was further referred to the Secretary, Head Office
for police decision, however, no final decision was taken in the
matter.
8. The appellant in these circumstances preferred a writ
petition before this Court with a prayer that the respondent-
Housing Board may be directed to hand over one bigha of land as
allotted to him vide allotment letter dated 24.06.1994. The
respondent-Housing Board filed a detailed reply to the writ
petition, wherein it had mentioned that the appellant had not
disclosed before the respondent Authorities that out of the 32
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bighas of land, 11 bighas of land had already been sold by the
appellant to one Mr. Shambhu Lal and the appellant had entered
into a compromise with the respondent-Housing Board for the
entire 32 bighas of land without bringing this fact to the notice of
the respondent.
9. Learned counsel for the appellant submits that on a writ
petition being filed by one Shambhu Lal, the acquisition
proceedings for 11 bighas of land was quashed and set aside.
Against the same, an appeal was preferred by the respondent-
Housing Board and the same was also dismissed. Even a Special
Leave Petition preferred against the Division Bench's judgment
was also dismissed.
10. Learned counsel for the appellant fairly submits that the
appellant has been paid the compensation for only 20 bighas of
land and for rest of the 11 bighas of land, no compensation has
been paid either to him or to Shambhu Lal as the land in question
i.e. 11 bighas stands deacquired.
11. Per contra learned counsel for the respondent-Housing Board
submits that as per the compromise award, a land
owner/khatedaar is entitled for compensation if the land acquired
is beyond 10 bighas and in present case one bigha was allotted
only when the appellant has surrendered 32 bighas whereas
subsequently he had surrender only 20 bighas. He submits that
the judgment of learned Single Judge in these circumstance is not
required to be interfered with and prays that the present special
appeal may be dismissed.
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12. We have considered the submission made at Bar and have
gone through the relevant record of the case, including the
impugned order dated 27.01.2022.
13. It is pertinent to note that the appellant was having 32
bighas of land and the same was acquired by the respondent-
Housing Board. In the acquisition proceedings, a compromise
award dated 19.06.1989 was passed, thereby acquiring the land
of the appellant. As per the terms and conditions of the award, the
land owner was entitled for compensation at the rate fixed by the
respondent-Housing Board and in the present case compensation
to the tune of Rs. 20,051/- per bigha was awarded to the
appellant, besides the award of compensation for trees and
permanent structures. Since the appellant was having more than
10 bighas of land, therefore, he was entitled for one bigha of land
in the plot and the same was allotted to him vide order dated
24.06.1994. Therefore, when the fact of 11 bighas of land being
sold by the appellant to one Shambhu Lal came to the knowledge
of the respondent, the allotment of one bigha of land to the
appellant was reduced to half bigha of land. Although, no
reasoning for reducing the dimension of one bigha of land to half
bigha of land was submitted, however, counsel appearing for the
Housing Board submits that in order to safeguard the interest of
the Housing Board i.e. in case if Shambhu Lal may claim the
benefit of the award the one bigha of land allotted to the
appellant, the respondent - Housing Board has reduced the
dimensions to half bigha of land in case of the appellant.
14. Further, it has also come on record that Shambhu Lal had
challenged the acquisition proceedings under-taken by the
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respondent-Housing Board and the same had attained finality up-
till the Hon'ble Supreme Court.
15. True it is that the present appellant was having more than 20
bighas of land which was acquired by the respondent-Housing
Board and as per the terms and conditions of the award, if a
person is having more than 10 bighas of land then he is entitled to
one bigha of land and in the present case, since the appellant was
having more than 20 bighas of land after the sale of 11 bighas of
land to Shambhu Lal, he was entitled for one bigha of land which
was rightly allotted in his favour vide order dated 24.06.1994.
16. However, the fact of the matter remains that the appellant
was supposed to disclose the factum of sale of 11 bighas of land
to Shambhu Lal and since the same was not brought to the notice
of the respondent-Housing Board, the compromise award was
passed for 32 bighas of land, whereas the appellant could have
entered into a compromise with the respondent-Housing Board for
20 bighas of land. In any case, we feel that the Housing Board has
paid a compensation to the appellant for 20 bighas of land only
and since the land of the appellant acquired was more than 10
bighas, therefore, he was entitled for one bigha of land to be
allotted by the Housing Board as per the compromise award.
17. In the considered opinion of this Court, since no financial
loss has been caused to the respondent Housing Board, therefore,
the benefit of allotment of one bigha of land to the appellant by
the respondent cannot be denied.
18. In view of the discussions made above, the present special
appeal merits acceptance and thus, it is allowed. The writ petition
as filed by the appellant is also allowed.
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19. The respondent-Housing Board is directed to handover the
possession of plot No.3/4 (one bigha of land) situated in Kudi
Bhagtasni, Jodhpur to the appellant, in pursuance of the order
dated 24.06.1994.
20. The needful shall be done by the respondent within a period
of eight weeks from the date of receipt of certified copy of this
order.
21. Pending applications, if any, stand disposed of.
(BIPIN GUPTA),J (VINIT KUMAR MATHUR),J
18-JatinS/-
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