Allowed

Lrs of Late Gopi Gurjar v. State of Raj. and Anr.

Rajasthan HC7 Sept 2017CW/12650/2013

Case brief

AI extract

What is this about?

High Court allowed writ petitions setting aside impugned orders where the Land Acquisition Officer dismissed Section 28A applications. The court held the Officer erred by requiring a Section 18 reference, emphasizing Section 28A allows re-determination without it.

What did the court decide?

Impugned judgments set aside; matter remanded to Land Acquisition Officer to decide Section 28A applications afresh within six months with opportunity of hearing and sympathetic consideration of limit

Lrs of Late Gopi Gurjar Vs State of Raj. and Anr. — Land Acquisition | Rajasthan HC (2017)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 10696 / 2013

¶3

Legal Representatives of Ghisi W/o Shri Jamla Das Vaishnave, R/o Biliyankalan, Tehsil and District Bhilwara namely:-

¶4

1/1. Gopal Das S/o late Shri Mohan Das ji Vaishnav, aged about 48 years, resident of Biliyankalan, Tehsil and District Bhilwara

¶5

1/2. Devi Das S/o Late Sh. Mohan Das Vaishnav, aged about 50 years, resident of Biliyankalan, Tehsil and District Bhilwara

¶6

----Petitioner

¶7

Versus

¶8

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶9

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶10

----Respondents

¶11

CONNECTED WITH

¶12

S.B. Civil Writ Petition No. 12922 / 2012

¶13

Devchand S/o. Gopi Gujar, Aged about 45 years, Resident of Biliyakalan, Tehsil and District Bhilwara.

¶14

----Petitioner

¶15

Versus

¶16

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶17

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶18

----Respondents

¶19

S.B. Civil Writ Petition No. 5688 / 2013

¶20

Hazari S/o Dhukal Keer deceased through LRs.:-

¶21

1/1. Smt. Dhapu widow W/o Late Sh. Khamani Ram Keer aged about 60 years, at present resident of Biliyankalan, Tehsil and District Bhilwara

¶22

1/2. Bharu S/o Late Sh. Khamani Ram Keer aged abut 32 years, at present resident of Biliyankalan, Tehsil and District Bhilwara

¶23

1/3. Kalu S/o Late Sh Khamani Ram Keer aged about 25 years, at present resident of Biliyankalan, Tehsil and District Bhilwara

¶24

(2 of 15)

¶25

[CW-10696/2013]

¶26

Tulsha S/o Mangna (Mana) Keer aged abut 65 years. R/o Biliyankalan, Tehsil and District Bhilwara

¶27

----Petitioner

¶28

Versus

¶29

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶30

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶31

----Respondents

¶32

S.B. Civil Writ Petition No. 10228 / 2013

¶33

Lrs Of Radheyshyam S/o Sh. Mohan Ji Brahmin
2. Mangi Bai W/o Sh. Mohan Ji Brahmin

¶34

Mangi Bai W/o Sh. Mohan Ji Brahmin

¶35

Both are resident of Biliyankalan, Tehsil and District Bhilwara deceased through L.Rs.:-

¶36

1/1. Smt. Madhu W/o Late Radhyashyam Ji Brahmin aged about 52 years resident of Biliyankalan, Tehsil and District Bhilwara

¶37

1/2. Sh. Manish S/o Late Radhyashyam Ji Brahmin, resident of Biliyankalan, Tehsil and District Bhilwara

¶38

----Petitioner

¶39

Versus

¶40

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶41

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶42

----Respondents

¶43

S.B. Civil Writ Petition No. 10693 / 2013

¶44

Legal representatives of:-

¶45

Radhe Shyam S/o. Sh. Mohan Ji, By caste Brahmin, Resident of Biliyankalan, Tehsil and District Bhilwara and

¶46

Mangi Bai W/o Sh. Mohan Ji, By caste Brahmin,

¶47

Both R/o Biliyankalan, Tehsil and District Bhilwara namely:-

¶48

1/1. Smt. Madhu W/o Late Sh. Radheshyam B/c Brahmin, aged about 52 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶49

(3 of 15)

¶50

[CW-10696/2013]

¶51

1/2. Manish S/o Late Sh. Radhe Shyam B/c Brahmin, aged about 25 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶52

Ram Chandra S/o Sh. Kalu Ram, B/c Brahmin, aged about 80 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶53

Banshi Lal S/o Sh. Kalu Ram, B/c Brahmin, aged about 50 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶54

Balu Lal S/o Sh. Kalu Ram, B/c Brahmin, aged about 55 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶55

Samarth Lal S/o Sh. Kalu Ram, By caste Brahmin, Aged about 60 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶56

----Petitioners

¶57

Versus

¶58

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶59

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶60

----Respondents

¶61

S.B. Civil Writ Petition No. 12632 / 2013

¶62

LRs of Late Sh. Mangu S/o Late Shri Naru Kumawat through:-

¶63

1/1. Khemraj S/o Late Sh. Mangu Kumawat, aged 55 years.

¶64

1/2. Ramlal S/o Late Sh. Mangu Kumawat, age 40 years.

¶65

1/3. Prahlad S/o Lae Sh. Mangu Kumawat, age 38 years.

¶66

1/4. Bharu S/o Late Sh. Mangu Kumawat, age 30 years.

¶67

Duda S/o Gopaji Kumawat, age 45 years.

¶68

Sampat S/o Gopaji Kumawat, age 47 years.

¶69

Smt. Anchi W/o Late Shri Mohan Lal Kumawat, aged 60 years.

¶70

Smt. Gattu W/o Late shri Goma Kumawat

¶71

5/1. Duda S/o Gomaji Kumawat, age 45 years.

¶72

All above resident of village & Post Biliyankalan, Tehsil and District Bhilwara

----Petitioner

Versus

(4 of 15)

[CW-10696/2013]

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶78

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶79

----Respondents

¶80

S.B. Civil Writ Petition No. 12650 / 2013

¶81

LRs of Late Gopi Gurjar S/o Late Shri Pokhar Gurjar :-

¶82

1/1. Dev Chand S/o Late Gopi Gurjar, age 45 years. Resident of Biliyankalan, Tehsil and District Bhilwara.

¶83

----Petitioner

¶84

Versus

¶85

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶86

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶87

----Respondents

¶88

S.B. Civil Writ Petition No. 14680 / 2013

¶89

Magna S/o. Shri Kojadhji balai deceased through his LRs:-

¶90

1/1. Smt. Nani W/o Lt. Sh. Magnaji Balai, Age 70 years,

¶91

1/2. Ghisu S/o. Lt. Sh. Magnaji Balai,

¶92

1/3. Pappu S/o. Lt. Sh. Magnaji Balai,

¶93

1/4. Smt. Munna Devi W/o. Lt. Sh. Mohanji Balai,

¶94

1/5. Nandu S/o. Lt. Sh. Magnaji Balai,

¶95

1/6. Vimla D/o. Lt. Sh. Magnaji Balai,

¶96

All above R/o. Village and Post Biliyankallan, Tehsil and District Bhilwara (Raj.)

¶97

----Petitioners

¶98

Versus

¶99

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶100

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

----Respondents

(5 of 15)

[CW-10696/2013]

S.B. Civil Writ Petition No. 14681 / 2013

¶105

Shankar S/o Shri Amraji Gurjar, age 45 years

¶106

Deva S/o Shri Udaji Gurjar

¶107

Bhagirath S/o Udaji Gurjar deceased through his LR’s :-

¶108

3/1. Narayan S/o Late Shri Bhagirath

¶109

3/2. Keshi W/o Late Shri Bhagirath

¶110

Arjun S/o Shri Udaji

¶111

Bheru S/o Shri Pokarji Gurjar

¶112

Mana S/o Shri Pokarji Gurjar

¶113

Mana S/o Shri Pokarji Gurjar 7. Gopi S/o Shri Pokarji Gurjar deceased through his LR’s :- 7/1. Devchand S/o Late Shri Gopiji Gurjar

¶114

All above R/o Village & Post - Biliyankalan, Tehsil and District Bhilwara (Raj.)

¶115

----Petitioner

¶116

Versus

¶117

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶118

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶119

----Respondents

¶120

S.B. Civil Writ Petition No. 6643 / 2014

¶121

Bheru S/o Dhana Balai aged about 45 years resident of Guwardi , Tehsil and Dsitrict, Bhilwara. (Raj.)

¶122

Debi S/o Dhana Balai aged abut 35 years resident of Guwardi , Tehsil and Dsitrict, Bhilwara. (Raj.)

¶123

Kaisher W/o Dhana Balai aged about late years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.) deceased through LRs:-

¶124

3/1. Bheru S/o Dhana Balai aged about 45 years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.)

¶125

3/2. Debi S/o Dhana Balai aged about 35 years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.)

¶126

Hari Kishan S/o Nolla (Balai) aged about 50 years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.)

¶127

Mohan S/o Bhura Balai aged about 30 years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.)

¶128

(6 of 15)

¶129

[CW-10696/2013]

¶130

Gokhal S/o Teja Balai, deceased through L.Rs.

¶131

6/1. Narayan S/o Gokhal aged about 30 years at present resident S/o Teja aged about 75 years. resident of Guwardi , Tehsil and Dsitrict, Bhilwara. (Raj.)

¶132

Ganesh S/o Teja Balai deceased through LR.s:

¶133

7/1. Kana S/o Ganesh aged about 45 years

¶134

7/2. Shanker S/o Ganesh aged about 38 years

¶135

7/3. Sohan S/o Ganesh aged about 35 years. All resident of Guwardi , Tehsil and Dsitrict, Bhilwara. (Raj.)

¶136

Gopi S/o Teja Balai, aged about 80 years resident of Guwardi, Tehsil and Dsitrict, Bhilwara. (Raj.)

¶137

----Petitioner

¶138

Versus

¶139

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶140

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶141

----Respondents

¶142

S.B. Civil Writ Petition No. 6644 / 2014

¶143

Girdhari S/o. Shri Bana Bolla Deceased through LRs:-

¶144

1/1. Rupa S/o. Nathu Bolla, Aged about 65 years,

¶145

1/2. Ratan S/o. Nathu Bolla, Aged about 48 years,

¶146

1/3. Bholla S/o. Nathu Bolla, Aged about 60 years,

¶147

At present resident of Swaroopganj, Tehsil and District Bhilwara.

¶148

Rupa S/o. Shri Nathu Bolla, Aged about 65 years, At present resident of Swaroopganj, Tehsil and District Bhilwara.

¶149

Ratan S/o. Shri Nathu Bolla, Aged about 48 years, At present resident of Swaroopganj, Tehsil and District Bhilwara.

¶150

Bholla S/o. Shri Nathu Bolla, Aged about 60 years, At present resident of Swaroopganj, Tehsil and District Bhilwara.

¶151

----Petitioners

¶152

Versus

¶153

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶154

(7 of 15)

¶155

[CW-10696/2013]

¶156

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶157

----Respondents

¶158

S.B. Civil Writ Petition No. 6645 / 2014

¶159

Uda S/o. Sh. Deva Ji Gujar, Aged about 80 years, Resident of Biliyankalan, Tehsil and District Bhilwara, Deceased through LRs:-

¶160

1/1. Chandi W/o. Late Uda Gujar, Aged about 60 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶161

1/2. Devi Lal S/o. Late Uda Gujar, Aged about 40 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶162

1/3. Jodha S/o. Late Uda Gujar, Aged about 35 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶163

----Petitioners

¶164

Versus

¶165

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶166

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶167

----Respondents

¶168

S.B. Civil Writ Petition No. 6646 / 2014

¶169

Bheru Singh S/o Sh. Moti Singh aged about 85 years, at present resident of Swaroopganj Tehsil and District Bhilwara deceased through LRs:-

¶170

1/1. Man Singh S/o Late Shri Bharu Singh aged about 40 years, at present resident of Swaroopganj Tehsil and District Bhilwara.

¶171

1/2. Dhapu Singh S/o Late Shri Bharu Singh aged abut 38 years, at present resident of Swaroopganj Tehsil and District Bhilwara.

¶172

1/3. Ganpathsingh S/o Late Shri Bharu Singh aged abut 35 years, at present resident of Swaroopganj Tehsil and District Bhilwara

¶173

¼. Chand Singh S/o Lae Shri Bharu Singh aged abut 30 years, at present resident of Swaroopganj Tehsil and District Bhilwara

¶174

1/5. Sambhu Singh S/o Late Shri Bharu Singh aged about 25 years, at present resident of Swaroopganj Tehsil and District Bhilwara

----Petitioners

(8 of 15)

[CW-10696/2013]

Versus

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶180

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶181

----Respondents

¶182

S.B. Civil Writ Petition No. 10692 / 2013

¶183

Legal Representatives of Jamna Das Vaishnav S/o Shri Janki Das, R/o Biliyankalan, Tehsil and District Bhilwara namely:-

¶184

1/1. Gopal Das S/o Late Shri Mohan Das Ji Vaishnav, Aged about 48 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶185

1/2. Devi Das S/o Late Sh. Mohan Das Vaishnav, Aged about 50 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

¶186

----Petitioner

¶187

Versus

¶188

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶189

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶190

----Respondents

¶191

S.B. Civil Writ Petition No. 5672 / 2013

¶192

Girdhari S/o Mangu Keer, Aged about 55 years, Resident of Biliyakalan, Tehsil and District Bhilwara.

¶193

----Petitioner

¶194

Versus

¶195

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶196

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶197

----Respondents

¶198

S.B. Civil Writ Petition No. 5734 / 2013

¶199

LRs of Kishan :-

¶200

Mangi Lal S/o Late Sh. Kishan Ji Gadari, Aged about 55 years, Resident of Biliyankalan, Tehsil and District Bhilwara.

----Petitioner

Versus

(9 of 15)

[CW-10696/2013]

State of Rajasthan through the Industrial Development and Investment Corporation Limited Jaipur, Branch Bhilwara.

¶206

The Sub Divisional Officer (Land Acquisition Officer), Bhilwara.

¶207

----Respondents

¶208

For Petitioners : Mr. L.K. Purohit Mr. Ramesh Purohit Mr. Mukesh Patodiya For Respondent-RIICO: Mr. Rajat Arora and Ms. Apurva Raj Mathur for Mr. Sanjeet Purohit

¶209

HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order

¶210

07/09/2017

¶211

These writ petitions have been preferred on behalf of the petitioners being aggrieved with the judgments dated 19.09.2012 and 21.12.2012 passed by the Sub Divisional Officer (Land Acquisition Authority), Bhilwara (hereinafter to be referred as ‘the Land Acquisition Officer’), whereby the applications filed on behalf of the petitioners under Section 28A of the Land Acquisition Act, 1894 (hereinafter to be referred as ‘the Land Acquisition Act’) has been dismissed.

¶212

Brief facts of the cases are that the acquisition proceedings were initiated by the State Government for acquiring the land measuring 886.7 Bighas situated in villages Biliayakalan, Swaropganj and Guwardi of Tehsil and District Bhilwara for the purpose of establishment of Growth Centre, Hamirgarh for industrial development.

¶213

The Sub Divisional Officer was appointed as Land Acquisition

¶214

(10 of 15)

¶215

[CW-10696/2013]

¶216

Officer for the purpose of acquisition proceedings. After issuance of notice under Section 4 of the Land Acquisition Act, the notification under Section 6 of the Land Acquisition Act was issued

¶217

and ultimately the Land Acquisition Officer passed the final award under Section 11 of the Land Acquisition Act on 04.04.1998. The agriculture lands of the petitioners were acquired in the said acquisition proceedings.

¶218

Some of the land holders, whose lands were acquired, preferred references under Section 18 of the Land Acquisition Act before the District Judge, Bhilwara and the said references were decided by judgment dated 23.10.2009, whereby the District Judge, Bhilwara enhanced the compensation for the land acquired. After passing of the Court award dated 23.10.2009, the petitioners moved applications before the Land Acquisition Officer under Section 28A of the Land Acquisition Act for re-determination of amount of compensation on the basis of the award of the Court. The said applications were dismissed by the Land Acquisition Officer vide impugned judgments solely on the ground that the petitioners had not applied for reference under Section 18 of the Land Acquisition Act against the final award passed by it and, therefore, their applications, preferred under Section 28A of the Land Acquisition Act, are liable to be rejected. Being aggrieved with the impugned judgments the petitioners have preferred these writ petitions.

¶219

It is contended by learned counsel for the petitioners that Section 28A of the Land Acquisition Act permits all the persons

¶220

(11 of 15)

¶221

[CW-10696/2013]

¶222

interested to move application for re-determination of amount of compensation on the basis of the award of the Court, notwithstanding the fact that they have not made any application under Section 18 of the Land Acquisition Act. It is submitted that the Land Acquisition Officer has passed the impugned judgments without even looking into the provisions of Section 28A of the Land Acquisition Act and, therefore, the impugned judgments are liable to be set aside and the matters are required to be remanded to the Land Acquisition Officer for deciding the applications, preferred by the applicants under Section 28A of the Land Acquisition Act, afresh.

¶223

Despite service of notices, no reply is filed on behalf of the respondents, however, the counsel appearing for the respondentRIICO has opposed all the writ petitions and contended that some of the applications, preferred by the persons interested under Section 28A of the Land Acquisition Act, are after the limitation and, therefore, they are not liable to be entertained.

¶224

In response to the above contentions, learned counsel for the petitioners has submitted that some of the petitioners, who did not file applications under Section 28A of the Land Acquisition Act within prescribed limitation, have already filed applications under Section 5 of the Limitation Act with a prayer for condoning the delay, however, the Land Acquisition Officer has not considered those applications and dismissed the applications filed under Section 28A of the Land Acquisition Act.

¶225

Heard learned counsel for the parties and perused the

¶226

(12 of 15)

¶227

[CW-10696/2013]

¶228

impugned judgments as well as the material available on record.

¶229

Section 28A of the Land Acquisition Act reads as under:-

¶230

“ 28A. Re-determination of the amount of

¶231

compensation on the basis of the award of the Court. –(1) Where in an award under this Part, the Court allows to the applicant any amount of compensation in excess of the amount awarded by the Collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the Collector may, notwithstanding that they had not made an application to the Collector under section 18, by written application to the Collector within three months from the date of the award of the Court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the Court:

¶232

Provided that in computing the period of three months within which an application to the Collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded.

¶233

(2) The Collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants.

¶234

(3) Any person who has not accepted the award under sub-section (2) may, by written application to the Collector, required that the matter be referred by the Collector for the determination of the Court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18.”

¶235

It is not in dispute that the petitioners have not approached

¶236

the District Judge, Bhilwara for reference under Section 18 of the

¶237

(13 of 15)

¶238

[CW-10696/2013]

¶239

Land Acquisition Act against the final award passed by the Land Acquisition Officer, however, some of the interested persons have filed their references before the District Judge, Bhilwara against the final award. The said references came to be decided by the District Judge, Bhilwara vide judgment dated 23.10.2009, wherein the compensation was enhanced.

¶240

It is to be noticed that the judgment dated 23.10.2009 passed by the District Judge, Bhilwara has been affirmed by this Court in S.B. Civil Misc. Appeal No.395/2010 (RIICO Ltd. Vs. Devi Lal & Anr.) and 62 other connected appeals vide judgment dated 20.07.2011 and against the said judgment, a special leave to appeal, preferred on behalf of the RIICO, has also been dismissed by the Hon’ble Supreme Court vide order dated 16.01.2012.

¶241

Be that as it may, after the decision passed by the District Judge, Bhilwara on 23.10.2009, the petitioners have preferred applications before the Land Acquisition Officer under Section 28A of the Land Acquisition Act.

¶242

From the perusal of the impugned judgments, it is clear that the Land Acquisition Officer has dismissed the applications preferred by the petitioners under Section 28A of the Land Acquisition Act solely on the ground that the petitioners did not file references under Section 18 of the Land Acquisition Act.

¶243

It appears that the Land Acquisition Officer has not even taken into consideration the provision of Section 28A of the Land Acquisition Act, which provides that if, on an application, the Court allows to the applicant any amount of compensation in excess to

¶244

(14 of 15)

¶245

[CW-10696/2013]

¶246

the amount awarded by the Land Acquisition Officer under Section 11 of the Land Acquisition Act, any person interested in all the other land covered by the same notification under Sub-section (1)

¶247

of Section 4 of the Land Acquisition Act and who are also aggrieved by the award of the Collector, notwithstanding that they had not made an application to the Collector under Section 18 of the Land Acquisition Act, by written application to the Collector within three months from the date of award of the Court, may apply for re-determination of the compensation payable to them on the basis of the amount of compensation awarded by the

¶248

Court.

¶249

The language of the Section 28A of the Land Acquisition Act is clear and unambiguous and in the opinion of the Court, the Land Acquisition Officer has grossly erred in rejecting the applications filed by the petitioners under Section 28A of the Land Acquisition Act while observing that as the petitioners have not filed references under Section 18 of the Land Acquisition Act, their applications under Section 28A of the Land Acquisition Act are liable to be rejected.

¶250

The judgments passed by the Land Acquisition Officer is a clear example of non-application of mind and lack of understanding the provisions of law.

¶251

In view of the above discussions, these writ petitions are allowed and the impugned judgments dated 19.09.2012 and 21.12.2012 passed by the Sub Divisional Officer (Land Acquisition Authority), Bhilwara are set aside.

¶252

(15 of 15)

¶253

[CW-10696/2013]

¶254

The matters are remanded to the Land Acquisition Officer to decide the applications, filed on behalf of the petitioners under Section 28A of the Land Acquisition Act, afresh after providing reasonable opportunity of being heard to them in accordance with the provisions of 28A of the Land Acquisition Act. The Land Acquisition Officer shall also consider the applications filed by some of the petitioners under Section 5 of the Limitation Act with a prayer for condoning the delay in filing the applications under Section 28A of the Land Acquisition Act sympathetically.

¶255

It is further directed that the Land Acquisition Officer shall decide the applications preferred on behalf of the petitioners under Section 28A of the Land Acquisition Act expeditiously, preferably within a period of six months from the date of production of certified copy of this order.

¶256

(VIJAY BISHNOI)J.

¶257

Abhishek Kumar S.Nos.160-172 SS/S.Nos.1-3

Lrs of Late Gopi Gurjar v. State of Raj. and Anr.

Case brief

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Lrs of Late Gopi Gurjar v. State of Raj. and Anr.

Case brief

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What the court decided

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