Allowed

Narayan and Anr. v. State of Raj. and Anr.

Rajasthan HC5 Sept 2017CW/12857/2012

Case brief

AI extract

What is this about?

Landowners whose lands were acquired for a growth centre moved under Section 28A of the Land Acquisition Act for re-determination of compensation based on a court award enhancing compensation for other landholders. The Land Acquisition Officer rejected the applications solely because they had not sought Section 18 references. The High Court set aside those orders and remanded for fresh decision, i

What did the court decide?

Impugned judgments dated 19.09.2012 and 21.12.2012 set aside; Section 28A applications remanded for fresh decision within six months, with delay-condonation applications to be considered sympathetical

Narayan and Anr. 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. 10239 / 2013

¶3

Kalu Singh S/o. Sh. Laxman Singh Rajput. At present resident of Biliyakalan, Tehsil and District Bhilwara. Deceased through LRs:-

¶4

1/1. Sh. Devi Singh S/o. Late Kalu Singh, Deceased through LRs:-

¶5

1/1/1. Kika Kanwar W/o Late Devi Singh, Aged about 34 years. At present resident of Biliyankalan, Tehsil and District Bhilwara.

¶6

1/1/2. Ramendera Singh S/o Late Devi Singh ji, Aged about 30 years,

¶7

1/1/3. Mithu Kanwar D/o. Late Sh. Devi Singh, Aged about 27 years.

¶8

At present resident of Biliyakalan, Tehsil and District Bhilwara.

¶9

----Petitioners

¶10

Versus

¶11

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

¶12

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

¶13

----Respondents

¶14

CONNECTED WITH

¶15

S.B. Civil Writ Petition No. 12857 / 2012

¶16

Narayan S/o Jodha Keer aged about 75 years, resident of Biliyakalan, Tehsil and District Bhilwara

¶17

Rama S/o Jodha Keer aged about 70 years, resident of Biliyakalan, Tehsil and District Bhilwara

¶18

----Petitioners

¶19

Versus

¶20

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

¶21

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

----Respondents

(2 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 12890 / 2012

¶26

Devi (Deva) S/o Bhawana Keer, aged about 75 years, resident of Biliyakalan, 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. 12891 / 2012

¶33

Bhura S/o Chhoga, aged about 65 years, resident of Biliyakalan, Tehsil and District Bhilwara

¶34

----Petitioner

¶35

Versus

¶36

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

¶37

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

¶38

----Respondents

¶39

S.B. Civil Writ Petition No. 3811 / 2013

¶40

Mangi Lal S/o Sh. Kishanlal Ji Gadari aged about 55 years, resident of Biliyakalan, Tehsil and District Bhilwara

¶41

----Petitioner

¶42

Versus

¶43

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

¶44

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

¶45

----Respondents

¶46

S.B. Civil Writ Petition No. 3925 / 2013

¶47

Girdhari S/o Sh. Mangu JI Keer aged about 55 years, resident of Biliyakalan, Tehsil and District, Bhilwara

----Petitioner

Versus

(3 of 23)

[CW-10239/2013]

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

¶53

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

¶54

----Respondents

¶55

S.B. Civil Writ Petition No. 5616 / 2013

¶56

Hazari S/o Dhukal Keer deceased through LRs:-

¶57

1/1. Smt. Dhapu Widow W/o Late Sh Khamani Ram Keer aged about 55 years, at present r/o Biliyankalan, Tehsil and District Bhilwara.

¶58

1/2. Bharu S/o Late Sh Khamani Ram Keer aged about 28 years, at present r/o Biliyankalan, Tehsil and District Bhilwara.

¶59

1/3. Kalu S/o Late Sh Khamani Ram Keer aged about 19 years, at present r/o Biliyankalan, Tehsil and District Bhilwara.

¶60

Tulsha S/o Mangna (Mana) Keer aged about 71 years, at present r/o Biliyankalan, Tehsil and District Bhilwara.

¶61

----Petitioners

¶62

Versus

¶63

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

¶64

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

¶65

----Respondents

¶66

S.B. Civil Writ Petition No. 5735 / 2013

¶67

Tulshi Ram S/o Magna (mana) Keer, aged about 71 years resident of Biliyankalan, Tehsil and District Bhilwara.

¶68

Hazari S/o Dhukal Keer deceased through LRs:-

¶69

2/1. Smt. Dhapu widow W/o Late Sh. Khamani Ram Keer aged about 55 years, at present resident of Biliyankalan, Tehsil and District Bhilwara.

¶70

2/2. Bharu S/o Late Sh Khamani Ram Keer aged about 28 years, at present resident of Biliyakalan, Tehsil and District Bhilwara.

¶71

2/3. Kalu S/o Late Sh Khamani Ram Keer aged about 19 years, at present resident of Biliyakalan, Tehsil and District Bhilwara.

----Petitioners

(4 of 23)

[CW-10239/2013]

Versus

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

¶77

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

¶78

----Respondents

¶79

S.B. Civil Writ Petition No. 5745 / 2013

¶80

LRs of Ladhu:-

¶81

1/1. Smt. Jamani Widow W/o Late Sh. Ladu Keer aged about 60 years resident of Biliyankalan, Tehsil and District Bhilwara

¶82

1/2. Nari D/o Late Sh. Ladu Keer aged about 35 years

¶83

1/3. Puspa D/o Late Sh. Ladu Keer aged about 30 years

¶84

1/4. Chandi D/o Late Sh. Ladu Keer aged about 25 years

¶85

Resident of Biliyankalan, Tehsil and District Bhilwara

¶86

Sh. Sanker S/o Ratana Keer aged about 55 years resident of Biliyankalan, Tehsil and District Bhilwara

¶87

----Petitioners

¶88

Versus

¶89

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

¶90

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

¶91

----Respondents

¶92

S.B. Civil Writ Petition No. 5785 / 2013

¶93

Devi S/o Surajmal Nayak deceased through LRs:-

¶94

1/1. Bharu S/o Late Debi Nayak aged about 55 years,

¶95

1/2. Narayan S/o Late Debi Nayak aged about 58 years at present resident of Guwardi, Tehsil and District Bhilwara.

¶96

Gopi S/o Surajmal Nayak, aged abut 60 years at present resident of Guwardi, Tehsil and District Bhilwara.

¶97

Smt. Gishi W/o Late Surajmal Nayak deceased through LRs:-

¶98

3/1. Bharu S/o Late Debi Nayak aged about 55 years.

¶99

3/2. Narayan S/o Late Debi Nayak aged about 58 years at present resident of Guwardi, Tehsil and District Bhilwara.

¶100

(5 of 23)

¶101

[CW-10239/2013]

¶102

3/3. Gopi S/o Surajmal Nayak aged about 60 years at present resident of Guwardi, Tehsil and District Bhilwara.

¶103

----Petitioners

¶104

Versus

¶105

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

¶106

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

¶107

----Respondentas

¶108

S.B. Civil Writ Petition No. 12552 / 2013

¶109

LRs Of Late Ishwar Singh S/o Laxman Singh:1/1. Bhanwar Singh S/o Late Shri Ishwar Singh, age 58 years.

¶110

1/2. Devraj Sigh S/o Late shri Ishwar Singh, age 48 years,

¶111

Both at present resident of Biliyankalan, Tehsil and District Bhilwara.

¶112

----Petitioners

¶113

Versus

¶114

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

¶115

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

¶116

----Respondents

¶117

S.B. Civil Writ Petition No. 12553 / 2013

¶118

Rama S/o Shri Moti Chamar age 60 years. resident of Biliyankalan, Tehsil and District Bhilwara.

¶119

----Petitioner

¶120

Versus

¶121

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

¶122

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

----Respondents

(6 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 12604 / 2013

¶127

Legal representatives of:-

¶128

Radhe Shyam W/o Sh. Mohan Ji, B/c Brahmin and

¶129

Mangi Bai W/o Sh. Mohan Ji, B/c Brahmin,

¶130

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

¶131

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

¶132

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

¶133

¶134

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

¶135

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

¶136

Janki Lal S/o Sh. Kalu Ram, B/c Brahmin, R/o Biliyankalan, Tehsil and District Bhilwara.

¶137

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

¶138

Madan Lal S/o S/o Sh. Kalu Ram, B/c Brahmin, R/o Biliyankalan, Tehsil and District Bhilwara.

¶139

----Petitioners

¶140

Versus

¶141

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

¶142

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

¶143

----Respondents

¶144

S.B. Civil Writ Petition No. 750 / 2014

¶145

Pyara S/o Chuna Khati aged about 100 years, R/o Biliyakalan, Tehsil and District Bhilwara.

¶146

Mangu S/o Chuna Khati aged abut 75 years, resident of Biliyakalan, Tehsil and District Bhilwara

¶147

Mohan S/o Chuna Khati aged about 60 years, R/o Biliyakalan, Tehsil and District Bhilwara

¶148

Khema S/o Chuna Khati aged about 55 yers, R/o Biliyakalan, Tehsil and District Bhilwara

¶149

(7 of 23)

¶150

[CW-10239/2013]

¶151

Hazari S/o Chuna Khati, aged about 50 years, R/o Biliyakalan, Tehsil and District Bhilwara

¶152

----Petitioners

¶153

Versus

¶154

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

¶155

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

¶156

----Respondents

¶157

S.B. Civil Writ Petition No. 751 / 2014

¶158

Nanda S/o Tulsha Khati deceased through LRs:-

¶159

Nanda S/o Tulsha Khati deceased through LRs:1/1. Shanker S/o Late Nanda Khati aged abut 58 years R/o Biliyankalan, Tehsil and District Bhilwara

¶160

Mohan S/o Late Nanda Khati deceased through LRs:-

¶161

1/1. Shanker S/o Late Nanda Khati aged abut 58 years R/o Biliyankalan, Tehsil and District Bhilwara

¶162

2/1. Ramchandra S/o Late Mohan Khati aged about 55 years

¶163

2/2. Jamna S/o Late Mohan Khati aged about 45 years.

¶164

2/3. Kishna S/o Mohan Khati aged about 30 years,

¶165

At present R/o Biliyankalan, Tehsil and District, Bhilwara.

¶166

Shanker S/o Tulsha Khati aged about 58 years, R/o Biliyankalan, Tehsil and District, Bhilwara.

¶167

Nanu S/o Chittar Khati aged deceased through L.Rs:-

¶168

4/1. Bardi Widow Late Sh. Madhu Khati. Aged about 55 years, R/o Biliyankalan, Tehsil and District, Bhilwara.

¶169

Ramlal S/o Hazari Khati aged about 55 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶170

----Petitioners

¶171

Versus

¶172

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

¶173

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

¶174

----Respondents

¶175

S.B. Civil Writ Petition No. 752 / 2014

¶176

Heera S/o Shri Bharu aged about 40 years, at present R/o Guwardi, Tehsil and District Bhilwara.

¶177

(8 of 23)

¶178

CW-10239/2013]

¶179

Chottu S/o Shri Bharu Balai aged about 45 years, at present R/o Guwardi, Tehsil and District Bhilwara.

¶180

Tulshi Widow Late Shri Bharu Balai aged about 60 years, at present R/o Guwardi, Tehsil and District Bhilwara.

¶181

----Petitioners

¶182

Versus

¶183

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

¶184

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

¶185

----Respondents

¶186

S.B. Civil Writ Petition No. 753 / 2014

¶187

Smt. Kanta W/o Radheyshyam Ji Kabra aged about 70 years, R/o Biliyankalan, Tehsil and District Bhilwara.

¶188

----Petitioner

¶189

Versus

¶190

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

¶191

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

¶192

----Respondents

¶193

S.B. Civil Writ Petition No. 759 / 2014

¶194

Kishor S/o Mangu Ji Gujar aged about 60 years, At present R/o Guwardi Tehsil and District Bhilwara.

¶195

Nag Ji S/o Mangu Ji Gujar deceased through LRs:2/1. Sambhu S/o Late nagji Gujar aged about 40 years

¶196

2/2. Sukhdev S/o Late Nagji Gujar aged about 32 years, Both R/o Gurwardi, Tehsil and District Bhilwara.

¶197

Ganesh S/o Mangu Ji Gujar aged about 50 years, At present R/o Guwardi Tehsil and District Bhilwara.

¶198

----Petitioners

¶199

Versus

¶200

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

¶201

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

----Respondents

(9 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 763 / 2014

¶206

Rahul Chabra S/o Late Sh. Kanwari Lal Ji Chabra aged about 40 years, M.D. M/s. Chabra Synkotex P. Ltd. of Biliyakalan, Tehsil and District Bhilwara.

¶207

----Petitioner

¶208

Versus

¶209

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

¶210

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

¶211

----Respondents

¶212

S.B. Civil Writ Petition No. 764 / 2014

¶213

Peerbux S/o Hazi Kasham Mansuri, aged about 65 years, R/o Biliyakalan, Tehsil and District Bhilwara.

¶214

Kamrudeen S/o Hazi Kasham Mansuri, aged about death years, R/o Biliyakalan, Tehsil and District Bhilwara deceased through LRs-

¶215

2/1. Sarif Moh. S/o Late Kamrudeen aged about 38 years

¶216

2/2. Mubarik S/o Late Kamrudeen aged about 35 years

¶217

2/3. Moh. Hussan S/o Late Kamrudeen aged about years

¶218

2/4. Sokath S/o Late Kamrudeen aged about 30 years

¶219

2/5. Bismilla Widow. Late Kamrudeen aged about 60 years

¶220

2/6. Jamila Widow. Late Kamrudeen at present R/o Biliyakalan, Tehsil and district Bhilwara.

¶221

Gaffar Moh. S/o Hazi Kasham Mansuri, aged about 50 years, resident of Biliyakalan, Tehsil and District Bhilwara.

¶222

----Petitioners

¶223

Versus

¶224

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

¶225

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

----Respondents

(10 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 765 / 2014

¶230

Gopi S/o Pokhar Gujar, deceased through LRs:-

¶231

1/1. Devchand S/o Late Shree Gopi Gujar aged about 46 years, at present R/o Biliyankalan, Tehsil and District Bhilwara.

¶232

----Petitioners

¶233

Versus

¶234

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

¶235

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

¶236

----Respondents

¶237

S.B. Civil Writ Petition No. 769 / 2014

¶238

Gopi S/o Hazari Balai, deceased through LRs-

¶239

1/1. Smt. Ramu Widow Late Shree Gopi Balai, aged about 45 years, at present R/o Biliyakalan, Tehsil and District Bhilwara.

¶240

Smt. Ramu Widow Late Shree Gopi Balai, aged about 45 years, at present R/o Biliyakalan, Tehsil and District Bhilwara.

¶241

----Petitioners

¶242

Versus

¶243

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

¶244

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

¶245

----Respondents

¶246

S.B. Civil Writ Petition No. 770 / 2014

¶247

Ramlal S/o Hazari Khati aged about 55 years, R/o Biliyakalan, Tehsil and District Bhilwara.

¶248

Devi lal S/o Hazari Khati aged about 50 years, R/o Biliyakalan, Tehsil and District Bhilwara.

¶249

----Petitioners

¶250

Versus

¶251

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

¶252

(11 of 23)

¶253

[CW-10239/2013]

¶254

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

¶255

----Respondents

¶256

S.B. Civil Writ Petition No. 845 / 2014

¶257

Sohan S/o Deva Daroga aged about 62 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶258

Mohan S/o Deva Daroga aged about 60 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶259

Jeevraj S/o Deva Daroga aged about 55 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶260

----Petitioners

¶261

Versus

¶262

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

¶263

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

¶264

----Respondents

¶265

S.B. Civil Writ Petition No. 846 / 2014

¶266

Bharu S/o Omkar Chamar deceased through L.Rs:-

¶267

1/1. Badri S/o Late Bharu Chamar aged about 45 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶268

Ramchandra S/o Omkar Chamar deceased through LRs:-

¶269

2/1. Mohani W/o Ramchandra Chamar aged about 60 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶270

2/2. Ratan S/o Ramchandra Chamar aged about 35 years resident of Biliyankalan, Tehsil and District, Bhilwara.

¶271

Mangu S/o Omkar Chamar aged about 55 years resident of Biliyankalan, Tehsil and District, Bhilwara.

¶272

----Petitioners

¶273

Versus

¶274

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

¶275

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

----Respondents

(12 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 870 / 2014

¶280

Ishwar Singh S/o Laxman Singh Ji aged about 68 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara. Through LRs:-

¶281

1/1. Bhawar Singh S/o Lae Ishwar Singh Ji aged about 55 years

¶282

1/2. Devraj Singh S/o Late Ishwar Singh Ji aged about 45 years.

¶283

At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶284

Sh. Debi Singh S/o Late Kalu Singh deceased through LRs:2/1. Tika Kanwar W/o Late Debi Singh aged about 45 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶285

2/2. Ramender Singh S/o Late Debi Singh aged about 32 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶286

2/3. Mitthu Kanwar D/o Late Debi Singh aged about 30 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶287

3/1. Bhanwar Singh (Bhagwat Singh) S/o Late Kundan Singh aged about 50 years.

¶288

3/2. Sardar singh S/o Late Kundan Singh aged about 45 years.

¶289

3/3. Ratan Singh S/o Late Kundan Singh aged about 40 years.

¶290

3/4. Thobe Kanawar widow w/o Late Kundan Singh aged about 80 years.

¶291

At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶292

----Petitioners

¶293

Versus

¶294

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

¶295

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

----Respondents

(13 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 871 / 2014

¶300

Sukhanath S/o Sanker Nath aged about 65 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶301

Bharu Nath S/o Sanker Nath deceased thrugh LRs:-

¶302

2/1. Sayari Nath Widow W/o Late Bharu Nath aged about 60 years.

¶303

2/2. Debi Nath S/o Late Bharu Nath aged abut 38 years.

¶304

2/3. Kishan Nath S/o Late Bharu Nath aged abut 35 years. At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶305

Smt. Sarjunath Widow W/o Panna Nath aged about late years resident of Biliyankalan, Tehsil and District, Bhilwara. Deceased through LRs:-

¶306

3/1. Sukhanath S/o Sh. Sanker Nath aged abut 65 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶307

----Petitioners

¶308

Versus

¶309

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

¶310

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

¶311

----Respondents

¶312

S.B. Civil Writ Petition No. 872 / 2014

¶313

Bharu S/o Omkar Chamar deceased thrugh LRs:-

¶314

1/1. Badri S/o Late Bharu Chamar aged abut 42 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶315

Ramchandra S/o Omkar Chamar deceased through LRs:-

¶316

2/1. Mohani W/o Ramchandra Chamar aged abut 50 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶317

2/2. Ratan S/o Ramchandra Chamar aged about 28 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶318

Mangu S/o Omkar Chamar aged about 50 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

----Petitioners

Versus

(14 of 23)

[CW-10239/2013]

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

¶324

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

¶325

----Respondents

¶326

S.B. Civil Writ Petition No. 6705 / 2014

¶327

Devi S/o Bhola Bhil aged about 60 years, At present resident of Biliyankalan, Tehsil and District, Bhilwara. Deceased through L.R.s:-

¶328

1/1. Hagami Widow W/o Late Devi Bhil aged about 55 years At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶329

Bhura S/o Bhola Bhil aged about 51 years. At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶330

Mohan S/o Bhola Bhil aged about 50 years. At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶331

Bharu S/o Bhola Bhil aged abut 51 years. At present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶332

Laxman S/o Deva Bhil aged about 60 years. Resident of Biliyankalan, Tehsil and District, Bhilwara.

¶333

Jamna S/o Deva Bhil aged about 40 years. Deceased through LRs:-

¶334

6/1. Shanker S/o Jamna Bhil aged about 35 years. Resident of Biliyankalan, Tehsil and District, Bhilwara.

¶335

6/2. Ramkaneya S/o Jamna Bhil aged about 30 years. Resident of Biliyankalan, Tehsil and District, Bhilwara.

¶336

Dalu S/o Deva Bhil aged about 40 years. Resident of Biliyankalan, Tehsil and District, Bhilwara.

¶337

----Petitioners

¶338

Versus

¶339

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

¶340

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

----Respondents

(15 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 6713 / 2014

¶345

Smt. Sosar widow Nanda Khati deceased through L.R.s:-

¶346

1/1. Shankar S/o Late Tulsha Khati aged about 45 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶347

Shankar S/o Late Tulsha Khati aged about 45 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶348

Ramchandra S/o Shri Mohan Khati aged about 40 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶349

Jamna S/o Sh. Mohan Khati, aged abut 39 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶350

¶351

Kishna S/o Sh. Mohan Khati aged about 35 years, at present resident of Biliyankalan, Tehsil and District, Bhilwara.

¶352

Mohani W/o Sh. Mohan khati aged about 60 years deceased through L.R.s All resident of Biliyankalan, Tehsil and District, Bhilwara:-

¶353

6/1. Ramchandra S/o Late Sh. Mohan Khati, aged abut 40 years.

¶354

6/2. Jamna S/o Lat sh. Mohan Khati, aged about 39 years

¶355

6/3. Kishana S/o Late Sh. Mohan Khati aged about 35 years.

¶356

Madhu S/o Late Sh. Mohan Khati aged about 50 years deceased through L.R.s:-

¶357

7/1. Bardi widow w/o Late Sh. Madhy Ji Khati, aged about 55 years, resident of Biliyankalan, Tehsil and District, Bhilwara.

¶358

Mahatabi S/o Sh. Nanu Khati, aged about 62 years deceased through LRs:-

¶359

8/1. Bardi W/o Sh. Madhu Khati, aged about 55 years resident of Biliyankalan, Tehsil and District, Bhilwara.

¶360

----Petitioners

¶361

Versus

¶362

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

¶363

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

----Respondents

(16 of 23)

CW-10239/2013]

S.B. Civil Writ Petition No. 6722 / 2014

¶368

Nanda S/o Kalu Gujar aged about 75 years. At present resident of Guwardi Tehsil and District Bhilwara.

¶369

Chogga S/o Kalu Gujar aged about 85 years deceased through LRs:-

¶370

2/1. Champa S/o Kalu Gujar aged about 50 years,

¶371

Girdhari S/o Kalu Gujar aged about 55 years, resident of Guwardi Tehsil and District Bhilwara.

¶372

Champa S/o Kalu Gujar aged about 50 years, resident of Guwardi Tehsil and District Bhilwara.

¶373

Ramlal S/o Deva Gujar aged about 50 years deceased through LR.s:-

¶374

5/1. Champa S/o Kalu Gujar aged about 50 years. At present resident of Guwardi Tehsil and District Bhilwara.

¶375

----Petitioners

¶376

Versus

¶377

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

¶378

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

¶379

----Respondents

¶380

S.B. Civil Writ Petition No. 7767 / 2014

¶381

Sh. Ram S/o Dhukal Gujar deceased through LRs:-

¶382

1/1. Sh. Jodha S/o Late Sh. Ram Gujar aged about 47 years, at present R/o Biliyankalan, Tehsil and District Bhilwara.

¶383

----Petitioner

¶384

Versus

¶385

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

¶386

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

----Respondents

(17 of 23)

[CW-10239/2013]

S.B. Civil Writ Petition No. 7767 / 2014

¶391

Sh. Ram S/o Dhukal Gujar deceased through LRs:-

¶392

1/1. Sh. Jodha S/o Late Sh. Ram Gujar aged about 47 years, at present R/o Biliyankalan, Tehsil and District Bhilwara.

¶393

----Petitioners

¶394

Versus

¶395

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

¶396

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

¶397

----Respondents

¶398

_____________________________________________________ For Petitioners : Mr. L.K. Purohit Mr. Ramesh Purohit

¶399

Mr. Mukesh Patodiya

¶400

For Respondent-RIICO: Mr. Rajat Arora and Ms. Apurva Raj Mathur for Mr. Sanjeet Purohit

¶401

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶402

Judgment / Order

¶403

05/09/2017

¶404

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.

¶405

Brief facts of the cases are that the acquisition proceedings

¶406

(18 of 23)

¶407

[CW-10239/2013]

¶408

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.

¶409

The Sub Divisional Officer was appointed as Land Acquisition 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 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.

¶410

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 judgments dated 23.10.2009 and 23.11.2009, whereby the District Judge, Bhilwara enhanced the compensation for the land acquired. After passing of the Court award dated 23.10.2009 and 23.11.2009, 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

¶411

(19 of 23)

¶412

[CW-10239/2013]

¶413

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.

¶414

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

¶415

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.

¶416

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

¶417

(20 of 23)

¶418

CW-10239/2013]

¶419

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.

¶420

Heard learned counsel for the parties and perused the impugned judgments as well as the material available on record. Section 28A of the Land Acquisition Act reads as under:-

¶421

“ 28A. Re-determination of the amount of 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:

¶422

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.

¶423

(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.

¶424

(3) Any person who has not accepted the award under

¶425

(21 of 23)

¶426

CW-10239/2013]

¶427

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.”

¶428

It is not in dispute that the petitioners have not approached the District Judge, Bhilwara for reference under Section 18 of the 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 judgments dated 23.10.2009 and 23.11.2009, wherein the compensation was enhanced.

¶429

It is to be noticed that the judgments dated 23.10.2009 and 23.11.2009 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.

¶430

Be that as it may, after the decision passed by the District Judge, Bhilwara on 23.10.2009 and 23.11.2009, the petitioners have preferred applications before the Land Acquisition Officer under Section 28A of the Land Acquisition Act.

¶431

From the perusal of the impugned judgments, it is clear that the Land Acquisition Officer has dismissed the applications

¶432

(22 of 23)

¶433

[CW-10239/2013]

¶434

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.

¶435

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 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) 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 Court.

¶436

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.

¶437

(23 of 23)

¶438

CW-10239/2013]

¶439

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.

¶440

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.

¶441

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.

¶442

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.

¶443

(VIJAY BISHNOI)J.

¶444

Abhishek Kumar S.Nos.31-62

Narayan and Anr. v. State of Raj. and Anr.

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Narayan and Anr. v. State of Raj. and Anr.

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