Remanded

Murti Shri Parshvanath Trust v. Land Acquistion Officer

Rajasthan HC25 Aug 2020CW/8066/2020

Case brief

AI extract

What is this about?

High Court remanded the issue of compensation entitlement for a temple trust's land back to the Officer on Special Duty, Rajasthan Housing Board, due to the vacancy of the LARR Authority Presiding Officer, directing expedited disposal.

What did the court decide?

The matter was remanded back to the Officer on Special Duty, Rajasthan Housing Board, Jaipur for a fresh decision on entitlement to compensation within three months.

Murti Shri Parshvanath Trust Vs Land Acquistion Officer — Land Acquisition | Rajasthan HC (2020)

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(1 of 3)

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[CW-8066/2020]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 8066/2020

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Murti Shri Parshvanath Trust, Through Managing Trustee Dharmesh Shah, Bada Upasra, Rampura Bajar, Kota

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----Petitioner

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Versus

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Land Acquistion Officer, Rajasthan Housing Board, Jaipur 2. Land Acquisition, Rehabilitation And Resettlement Tribunal, Bunkar Bhavan, Near Laxmi Mandir, Jaipur

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----Respondents

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For Petitioner(s) : Mr. Chandra Prakash Sharma Gautam, through Video Conferencing

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For Respondent(s) : Mr. Jaivardhan Singh Shekhawat for Mr. R.P. Singh, AAG through Video Conferencing

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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25/08/2020

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This writ petition has been filed seeking remand of the matter back to the Officer on Special Duty, Rajasthan Housing Board, Jaipur for decision afresh on the question as to entitlement of the petitioner to receive compensation.

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Learned counsel for the petitioner submits that from the letter dated 24.10.2018 issued by the Assistant Commissioner, Devasthan Depatment, Kota Division, Kota addressed to the Officer on Special Duty, Urban Development and Housing Department, Rajasthan, it is apparent that it is the petitioner-trust who is managing the property of the Temple Shri Shantinath Ji Virajman Patanpole, Kota and therefore findings of the Officer on

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(2 of 3)

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[CW-8066/2020]

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Special Duty, Rajasthan Housing Board, Jaipur qua petitioner’s disentitlement to receive compensation vide award dated 17.02.2017 are not sustainable in the eye of law.

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He submits that since the office of the Presiding Officer of the Land Acquisition, Rehabilitation and Resettlement Authority is vacant since long and his application before the authority is pending since the year 2018, the matter may be remanded back to the Officer on Special Duty, Rajasthan Housing Board, Jaipur to decide the question of entitlement to receive the compensation of the land of Temple Shri Shantinath Ji Virajman Patanpole, Kota in the light of letter dated 24.10.2018.

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Mr. Jaivardhan Singh Shekhawat, learned counsel appearing for the respondents admits that application filed by the petitioner is pending before the Authority for last about two years and no decision is possible in near future on account of vacancy of the Presiding Officer in the Authority. He submits, that he has no objection if the matter is remanded back to the Officer on Special Duty, Rajasthan Housing Board, Jaipur for decision afresh.

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In view of the submissions made by the learned counsel for the petitioner and the no objection accorded by the learned counsel for the respondents, the matter pending before the Land Acquisition, Rehabilitation and Resettlement Authority is remanded back to the Officer on Special Duty, Rajasthan Housing Board, Jaipur for decision afresh on the question of entitlement to receive the compensation of the properties of Temple Shri Shantinath Ji Virajman Patanpole, Kota in the light of letter dated 24.10.2018 addressed by the Office of Assistant Commissioner, Devasthan Depatment, Kota Division, Kota.

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(3 of 3)

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[CW-8066/2020]

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The Officer on Special Duty, Rajasthan Housing Board, Jaipur is expected to expedite the hearing and dispose of the matter within a period of three months from the date of receipt of the certified copy of this order.

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This writ petition stands disposed of accordingly.

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(MAHENDAR KUMAR GOYAL),J

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AARZOO ARORA /40

Murti Shri Parshvanath Trust v. Land Acquistion Officer

Case brief

What is this about?

What did the court decide?

Murti Shri Parshvanath Trust v. Land Acquistion Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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