Jagdish and Anr. v. State Urban Developmentors

Land acquisition for public purpose – Compensation under Land Acquisition Act, 1894

Rajasthan HC1 Feb 2016CW/10174/2014

Case brief

AI extract

What is this about?

The court held that the acquisition of land for the Ring Road and development corridor is for a public purpose and the petitioners are entitled to compensation under the Land Acquisition Act, 1894

What did the court decide?

Compensation to be paid to petitioners

What the court decided

AI extract

Jagdish and Anr. Vs State Urban Developmentors — Land Acquisition | Rajasthan HC (2016)

¶234

S. No.	Date	Event	Reference
1	15/07/05	Notification dated 15.7.05 in respect of Phase-I of the project under Section 4 of Land Acquisition Act, 1894 was issued which was published in official gazette on 18.7.05. Publications in Newspapers, and public notices in localities were made upto 11.8.05.	Annex.5, Page 55) and (Annex.- RA/1, page 15-60 of Addl. Affidavit
2	15.7.05	Notification dated 15.7.05 in respect of Phase-II of the project under Section 4 of Land Acquisition Act, 1894 was issued which was published in official gazette on 18.7.05. Publications in Newspapers, and public notices in localities were made upto 12.8.05	Annex.2 of CW No. 10173/14
3	27/10/05	Circular was issued containing policy of the Government for allotment of land in lieu of land under acquisition.	Annex.-R- 1/12, page 328 of reply
4	06/12/05	After receiving the objections, first 5A report was submitted in respect of villages covered under Phase- II.	Annex.-RA/4, page 182 of Addl. Affidavit
5	28/3/06	The other 5A report was submitted in respect of villages covered under Phase- I.	Annex.06, page 59
6	04/08/06	The declaration under Section 6 was published in official gazette on 18.8.06 in respect of Phase-II.	Annex.4 of CW No. 10173/14.
7	05/08/06	The declaration under Section 6 dated 5.8.06 was published in official gazette on 18.8.06 in respect of Phase- I.	Annex.-7, page 94
8	Year 2006-08	SBCWP No. 997/06, 800/08, 8827/07, 9063/07, 9224/07, 1394/08, 1396/08 and 2205/08 were filed challenging the aforesaid acquisition by substantially the same petitioners.

¶236

S.	Date	Event	Reference
No.
9	30/10/07	Interim order was passed restraining the LAO from passing the award upto 2.11.07 which was subsequently extended from time to time.
10	28/5/08	In SBCWP No. 800/08, 8827/07, 9063/07, 9224/07, 1394/08, 1396/08 and 2205/08, the order dated 30.10.07 was modified as under:-
		“I have considered the above aspect of the matter
		and is of the view that there is no justification to further continue the interim order dated 30.10.2007. Accordingly, the interim order dated 30.10.2007 is vacated. However, as regards the other part of challenge to the acquisition, the petitioners are free to file a fresh application separately. Put up on 2.7.2008. Till then the petitioners shall not be dispossessed from the land in dispute. In case the writ petitions are dismissed then the respondents shall be entitled for compensation on account of delayin the matter.”
11	02/07/08	The order dated 28.5.08 was modified so as to permit taking of possession for the
		road but restraining from
		dispossessing from the
		remainingland.
12	July 2008 to May 2009	Awards were passed villagewise and were approved by the Government.	Award dated. 11.9.08 Annex.9, page 101-104
13	04/05/11	Petitions Nos. 997/07, 800/08, 8827/07 and 9063/07 were disposed of directing	Annex.1, page, 36
		the petitioners therein to
		approach the empowered
		committee. Liberty to
		approach again on dissatisfaction wasgranted.

¶238

S.	Date	Event	Reference
No.
14	16/6/11	The Empowered Committee with participation of representatives of farmers considered and decided the issues as to the acquisition of land for Development Corridor and grant of land in lieu of compensation to the farmers.	Annex.2, Page 43-47
15	15/02/12	Other 4 petitions No. 9927/07, 1394/08, 1396/08 and 2205/08 were disposed of directing the petitioners to	Annex.1, Page 38-42
		make representations before committee.
16	14/03/12	Empowered Committee considered and rejected the representations of the petitioners.	Annex.3, Page 48-52
17	2012-2013	Possession memos with regard to the lands surrendered as well as that of possession taken were issued. The compensation in case of disputes was also deposited in the civil court.	(Annex.R- 1/15, pages 354 to 424) and (Annex.RA/8, page 189 of Addl. Affidavit).
18	Year 2012	The petitioners jointly filed petitions No. 8149/12, 8198/12, 8199/12 and 8200/12 again challenging the notifications and acquisition proceedings.
19	Year 2014	After coming into force of the Act of 2013 with effect from 1.1.14, the aforesaid four petitions were amended so as to raise a plea about lapsing of the acquisition proceedings under section 24 (2) of the Act of 2013. Replies were filed pointing out fundamental defects in the petitions including filing in the name of dead persons.
20	22/9/14	The petitioners were permitted to withdraw the said four petitions with liberty to file the same afresh.
21	28/8/14 & 19/9/14	The present petitions were filed

¶240

S.	Date	Event	Reference
No.
22 23	24/9/14 29/10/14	Initially, 34 petitions were filed and after detailed hearing the applications for stay in those cases were dismissed. SAW No. 1539/14 was filed in SBCWP No. 9126/14 only against the order dated 24.9.14 and the same was allowed.	Rejoinder to reply, page 493 (not marked as Annex.)
24	05/01/15	SLP No. 31026/14 against the order dated 29.10.14 was filed and the same was disposed of as under :-	Annexed with reply to Addl. Affidavit
		“This petition is filed against an Interlocutory Order. It is not in dispute that the High Court has commenced day to day hearing. Any grievance, that the petitioners has, should properly be ventilated by the High Court. Signature Not Verified The Special Leave Petition stands disposed of.”
25		The other D.B. Appeals filed subsequently in other petitions were disposed of with the directions that the learned Single Judge will not be influenced by the observations in interim order while finally deciding the writpetitions.
26	31/12/14	Amendment Ordinance 2014 promulgated inserting second proviso in Section 24(2).	Annex.10
27	15/1/15	Application for amendment of the writ petition to challenge Section 6 of the Amendment Ordinance dated 31.12.14 was filed, but the same was withdrawn later on.	Appl.No.2466 /15 withdrawn by Order dated. 2.2.15
28	03/04/15	Second Amendment Ordinance promulgated making it effective from 31.12.14 ^nd
		retaining 2 proviso to section 24(2).

ARE	FA	LLING
S.No		Writ No.	A	B	C D	E
			Not Opted for Develop ed Land	Opted for Develop ed Land	Award After 1.1.09 Award Before 1.1.09	First Time
	1	9126/14.	√		√
	2	9127/14	√		√
	3	9128/14.		√	√
	4	9129/14.		√	√
	5	9130/14	√		√

¶246

CHAR ARE	T SHOWIN FALLING	G IN WHICH CATEGORIES THE PETITI	ONERS
S.No	Writ No.	A B C D	E
		Not Opted for Developed Land Opted for Developed Land Award After 1.1.09 Award Before 1.1.09	First Time
6	9131/14	√ √
7	9132/14	√ √
8	9133/14	√ √
9	9134/14	√ √
10	9135/14	√ √
11	9136/14	√ √ √
12	9137/14	√ √
13	9138/14	√ √
14	9139/14	√ √
15	9140/14	√ √
16	9141/14	√ √
17	9142/14	√ √
18	9143/14	√ √
19	9144/14	√ √
20	9145/14	√ √
21	9147/14	√ √
22	9148/14	√ √
23	9149/14	√ √
24	9150/14	√ √
25	9151/14	√ √
26	9152/14	√ √
27	9153/14	√ √
28	9154/14	√ √
29	9155/14	√ √
30	9156/14	√ √
31	9157/14	√ √
32	9158/14	√ √ √
33	9159/14	√ √
34	9160/14	√ √
35	10173/14	√ √	√
36	10174/14	√ √

¶250

	Writ No.	A B C D	E
S.No		Not Opted for Developed Land Opted for Developed Land Award After 1.1.09 Award Before 1.1.09	First Time
37	10175/14	√ √	√
38	10176/14	√ √
39	10177/14	√ √
40	10178/14	√ √
41	10179/14	√ √
42	10180/14	√ √
43	11024/14	√ √
44	11035/14	√ √
45	11080/14	√ √	√
46	11081/14	√ √	√
47	11165/14	√ √	√
48	11166/14	√ √	√
49	11167/14	√ √
50	11176/14	√ √
51	11230/14	√ √	√
52	11231/14	√ √	√
53	11430/14	√ √	√
54	11431/14	√ √	√
55	11434/14	√ √	√
56	11484/14	√ √
57	11485/14	√ √
58	11486/14	√ √
59	11487/14	√ √
60	11488/14	√ √
61	11489/14	√ √
62	11490/14	√ √
63	11491/14	√ √
64	11492/14	√ √
65	11493/14	√ √
66	11494/14	√ √
67	11495/14	√ √

¶254

	Writ No.	A B C D	E
S.No		Not Opted for Developed Land Opted for Developed Land Award After 1.1.09 Award Before 1.1.09	First Time
68	11496/14	√ √
69	11497/14	√ √
70	11498/14	√ √
71	11499/14	√ √
72	11500/14	√ √
73	11501/14	√ √
74	11502/14	√ √
75	11503/14	√ √
76	11504/14	√ √
77 78	11505/14 11506/14	√ √ √ √	√
79	11507/14	√ √	√
80	11508/14	√ √
81	11509/14	√ √
82	11510/14	√ √	√
83	11586/14	√ √	√
84	12913/14	√ √	√
85	856/15	√ √	√
86	1830/15	√ √	√

Jagdish and Anr. v. State Urban Developmentors

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Chand Jat and Anr. Vs State of Rajasthan and Ors.

Rishiraj Rathore and Ors. Vs B O R and Ors.

Rishiraj Rathore and Ors. Vs B O R Ajmer and Ors.

Supyar Vs State Education Departmentors

Jagdish and Anr. v. State Urban Developmentors

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Chand Jat and Anr. Vs State of Rajasthan and Ors.

Rishiraj Rathore and Ors. Vs B O R and Ors.

Rishiraj Rathore and Ors. Vs B O R Ajmer and Ors.

Supyar Vs State Education Departmentors

A compact analysis

Omprakash Sunda Vs State of Rajasthan and Anr.

Mangi Lal Vs State of Raj and Ors.