High Court dismissed a writ petition challenging land acquisition without compensation. The petition failed due to lack of specific pleadings and evidence regarding land taken in 1970 vis-a-vis current widening works under the 2013 Act.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8876/2019
Shivlal S/o Shri Gola Ram, Aged About 75 Years, B/c Bishnoi R/o Village Kankelao Tehsil And District Jodhpur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Deepak Bishnoi For Respondent(s) :
JUSTICE DINESH MEHTA
Judgment
03/07/2019
By way of the present writ petition, the petitioners have prayed as under:
(2 of 2)
[CW-8876/2019]
A perusal of the memo of the petition reveals that petitioner has not stated as to whether only the road is being widened or the way is being widened. The petitioners have neither placed on record any documentary evidence evincing that petitioners’ further land is being acquired/taken possession of. According to the petitioners’ own pleadings, the way shown in Annex.2 was created by taking their land in the year 1970, without giving any compensation.
The petitioners’ immediate grievance is that the respondents are widening the road, without paying any compensation whereas the prayers reproduced above shows, as if the petitioners are claiming compensation under the Act of 2013, for their land acquired way back in the year 1970.
The petition lacks requisite pleadings and documents, hence, the same is not entertained.
It will be open for the petitioners to file fresh writ petition with proper pleadings and documentary evidence for the grievance raised in the writ petition.
The writ petition as well as the stay application are dismissed.
(DINESH MEHTA),J
34-CPGoyal/-
1 issue framed by the court
Whether the writ petition entitled to be entertained lacking requisite pleadings and documentary evidence.
Shivlal S/o Shri Gola Ram
State Of Rajasthan, Through Secretary, Public Work Department
State Highway Authority Of Rajasthan
Public Work Department, Through Executive Engineer
Land Acquisition Officer Cum Additional District Collector
Land Acquisition Officer Cum Jodhpur Development Authorithy
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
