Dismissed

Sohan Lal v. Union of India

Rajasthan HC8 Dec 2021CW/15373/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed multiple writ petitions challenging a Land Acquisition Officer's order. The court held that disputed questions regarding land acquisition require adjudication by the appropriate Tribunal under the RTA Act, 2013, rather than by way of writ jurisdiction.

What did the court decide?

The writ petitions were not entertained and were dismissed; stay applications were also disposed of.

Sohan Lal Vs Union of India — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Civil Writ Petition No. 15181/2021

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Smt. Sarita Devi W/o Shri Vishwa Nath Shah, Aged About 59 Years, R/o 10, Gopal Banerjee Street, Bhawanipur, Cir Cus Avenue, Kolkata, West Bangal, At Present R/o Mohanpura, Tehsil- Nawa, District- Nagaur, Rajasthan.

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----Petitioner

¶5

Versus

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Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhawan, Raisina Road, New Delhi- 110001

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The Chief Administrative Officer (Construction), 5 Floor, Hall No. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur-302017

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Competent Authority (Land Acquisition) And Sub Divisional Officer, Nawa, District Nagaur (Raj.)

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Executive Engineer (Construction), North West Railway, Kuchaman City, District- Nagaur, Rajasthan.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 15372/2021

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Smt. Krishna Choudhary W/o Anand Singh Dhaka, Aged About 52 Years, Bhagwanpura, Tehsil Nawa, District Nagaur, Rajasthan.

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----Petitioner

¶15

Versus

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Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhawan, Raisina Road, New Delhi - 110001

¶17

The Chief Administrative Officer (Construction), 5 Floor, Hall No.524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur-302017

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Competent Authority Land Acquisition And Sub Divisional Officer, Nawa, District Nagaur, (Raj.)

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents

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(3) S.B. Civil Writ Petition No. 15437/2021

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(2 of 5) [CW-15181/2021]

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Sohan Lal S/o Shri Godu Ram, Aged About 69 Years, By Caste Jat, R/o Bosana, Tehsil Dhod, District Sikar, Rajasthan.

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Jagdish Prasad S/o Shri Sohan Lal, Aged About 47 Years, Bosana, Tehsil Dhod, District Sikar, Rajasthan.

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----Petitioners

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Versus

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Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhavan, Raisina Road, New Delhi 110001

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The Chief Administrative Officer (Construction), 5 Floor, Hall N. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur 302017

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Competent Authority (Land Acquisition) And Sub Divisional Officer, Nawa, District Nagaur (Raj.).

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents

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(4) S.B. Civil Writ Petition No. 15446/2021

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Bhanwar Lal S/o Shri Ishar Ram, Aged About 66 Years, Bhagwanpura, Tahsil - Nawa, District Nagaur, Rajasthan.

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----Petitioner

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Versus

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Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhavan, Raisina Road, New Delhi - 110001

¶37

The Chief Administrative Officer (Construction), 5 Floor, Hall N. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur 302017

¶38

Competent Authority Land Acquisition And Sub Divisional Officer, Nawa, District Nagaur (Raj.).

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents (5) S.B. Civil Writ Petition No. 15505/2021

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Pradip Kumar Shah And Sans Huf Pradip Kumar Shah S/o Parmeshwar Lal Shah, Aged About 58 Years, 10, Gopal Banrjee Street, Bhawanipur, Kalkata, West Bangal, At Present R/o Nawa,

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(3 of 5)

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[CW-15181/2021]

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Tehsil Nawa, District Nagaur, Rajasthan.

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----Petitioner

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Versus

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Union Of India, Through Ministry Of Railways, Government Of India, Through The Secretary, Rail Bhawan, Raisina Road, New Delhi - 110001

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The Chief Administrative Officer (Construction), 5 Floor, Hall No.524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur - 302017

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Competent Authority Land Acquisition And Sub Divisional Officer, Nawa, District Nagaur, (Raj.)

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents

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(6) S.B. Civil Writ Petition No. 15373/2021

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Sohan Lal S/o Shri Godu Ram, Aged About 69 Years, By Caste Jat, R/o Bosana, Tehsil Dhod, District Sikar, Rajasthan.

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----Petitioner

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Versus

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Union Of India, Through Ministry Of Railways Government Of India, Through Secretary, Rail Bhavan, Raisina Road, New Delhi - 110001

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The Chief Administrative Officer (Construction), 5, Floor, Halla No. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur 302017

¶58

Competent Authority (Land Acquisition) And Sub Divisional Officer, Nawa, District Nagaur (Raj.).

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents

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(7) S.B. Civil Writ Petition No. 15405/2021

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Vishwa Nath Shah And Sans Huf, Vishwa Nath Shah S/o Shri Parmeshwar Lal Shah, Age 62 Years, R/o 10, Gopal Banerjee Street, Bhawanipur, Circus Avenue, Kolkata, West Bangal, At Present R/o Nawa, District- Nagaur, Rajasthan.

(4 of 5)

[CW-15181/2021]

----Petitioner

Versus

Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhavan, Raisina Road, New Delhi - 110001

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The Chief Administrative Officer (Construction), 5 Floor, Hall No. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur-302017

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Competent Authority Land Acquisition And Sub Divisional Officer, Nawa, District Nagaur, (Raj.)

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Executive Engineer (Construction), North West Railway, Kuchaman City, District- Nagaur, Rajasthan.

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----Respondents

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(8) S.B. Civil Writ Petition No. 15443/2021

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Pradip Kumar Shah S/o Shri Parmeshwar Lal Shah, Aged About 58 Years, R/o 10, Gopal Banrjee Street, Bhawanipur, Kalkata, West Bangal, At Present R/o Nawa, Tahsil- Nawa, DistrictNagaur, Rajasthan.

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Versus

¶75

Union Of India, Through Ministry Of Railways, Government Of India, Through Secretary, Rail Bhavan, Raisina Road, New Delhi - 110001

¶76

The Chief Administrative Officer (Construction), 5 Floor, Hall N. 524, North Western Railway Hq Building, Near Jawahar Circle, Malviya Nagar, Jaipur 302017

¶77

Competent Authority Land Acquisition And Sub Divisional Officer, Nawa, District Nagaur (Raj.).

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Executive Engineer (Construction), North West Railway, Kuchaman City, District Nagaur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Manoj Kumar For Respondent(s) :

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(5 of 5)

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[CW-15181/2021]

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JUSTICE DINESH MEHTA

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Order

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08/12/2021

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By way of these writ petitions, petitioners have challenged the order dated 27.08.2021 passed by the Land Acquisition Officer.

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Having regard to the facts that host of disputed questions are to be determined for which a remedy has been provided against the acquisition or award passed by the Land Acquisition Officer, this Court is not inclined to exercise its jurisdiction under Article 226 of the Constitution.

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The petitioners may avail their remedies under Section 51/64 of the Right To Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the appropriate Tribunal.

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The writ petitions are, therefore, not entertained.

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Dismissed accordingly.

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Stay applications also stand disposed of accordingly.

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(DINESH MEHTA),J

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34-41-Rahul/-

Sohan Lal v. Union of India

Case brief

What is this about?

What did the court decide?

Sohan Lal v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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