This order disposed of a writ petition concerning unpaid land compensation. After the original petitioner died, the court directed disbursement of deposited funds to his five legal heirs.
Direction to the Registrar (Administration) to prepare five equal demand drafts for the legal heirs of the deceased petitioner from the deposited amount.
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CW7366/2005
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ORDER IN S.B. Civil Writ Petition No.7366/2005
Ram Lal Vs. State of Rajasthan and Others
Date of Order ::: 02.05.2011
Present Hon'ble Mr. Justice Mohammad Rafiq
Shri A.M. Khan, counsel for petitioner Shri Hari Bareth, Deputy Government Counsel for respondents
By the Court :-
This writ petition has been filed by original petitioner Ram Lal with grievance that his land was made use of by respondents for constructing road but compensation was not paid to him. This court on 08.05.2009 passed following order:-
“It is the case of the petitioner that the Public Works Department had constructed a road through his land bearing Khasra Nos.93, 101, 125, 131 & 132. However, despite having encroached upon his land, the respondents are yet to pay compensation to the petitioner. It was the case of the respondents that the petitioner had given his consent for the construction of the said road through his land. Vide order dated12th November, 2008, this Court had directed the learned counsel for the respondents to show the written consent or any documents indicating that a consent was given by the petitioner to the respondents. Despite the lapse of seven months, the same has not been complied with. Therefore, this Court is of the opinion that no such consent was given by the petitioner. In these circumstances, the respondent No.3 the Executive Engineer, Public Works
CW7366/2005
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Department, Division-II, Alwar is directed to calculate the amount of compensation keeping in mind the DLC rates of 1996 along with the interest of 9% from the date when the road was constructed and to bring the compensation amount in the form of a Bank draft to be paid to the petitioner on 20th May, 2009.”
It is informed by learned counsel for petitioner that pursuant to aforesaid order of this Court, a demand draft no.151649 dated 12.08.2009 amounting to Rs.1,19,096/- in the name of Registrar (Administration) Rajasthan High Court, Jaipur Bench, Jaipur, was deposited by respondents in the registry of this Court.
Learned counsel for petitioner submits that original petitioner Ram Lal has died and his five legal heirs, namely, Radheyshyam Taneja, Baldevraj Taneja, Premkumar Taneja, Deendayal Taneja and Satyanarain Taneja, have been ordered to be taken on record vide order dated 08.02.2007 of this court. He would be satisfied if the amount of Rs.1,19,096/- is equally disbursed amongst those five legal heirs of original petitioner Ram Lal. Learned counsel submits that none of legal heirs of original petitioner would have objection to this because he represents all of them.
Learned counsel for respondents submits that since respondents have deposited said demand draft with the Registrar (Administration) of this Court, it is now for this court to direct its disbursement.
In the facts of this case, the writ
CW7366/2005 // 3 //
petition is disposed of with direction that the Registrar (Administration) of this court shall get five demand drafts prepared in equal proportion after deducting the charges to be incurred in preparation thereof, in the names of above five legal heirs of original petitioner Ram Lal, who shall be entitled to receive the same against clear receipt, from the registry of this court.
Writ petition accordingly stands disposed of.
(Mohammad Rafiq) J.
//Jaiman//
Ram Lal
State of Rajasthan
Radheyshyam Taneja
Baldevraj Taneja
Premkumar Taneja
Deendayal Taneja
Mohammad Rafiq
As recorded by the court registry
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