Disposed

Bajrang Singh v. State of Rajasthan

Rajasthan HC3 Dec 2021SAW/687/2021

Case brief

AI extract

What is this about?

Appeal against dismissal of writ challenge to land acquisition notification. Court held right to object under Section 15(1) of LARR Act 2013 regarding missing SIA. Appeal disposed by directing petitioners to file objections within 30 days and staying possession disturbance.

What did the court decide?

Directing appellants to raise objections under Section 15(1) within 30 days and staying disturbance of their possession till objections are disposed of.

Bajrang Singh Vs State of Rajasthan — Land Acquisition | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 687/2021

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Bajrang Singh S/o Kishan Singh, Aged About 55 Years, By Caste Rajput, resident of Village And Post Mithri Via Deedwana, Tehsil Ladnu, District Nagaur

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Jabbar Singh s/o Kishan Singh, Aged About 58 Years, By Caste Rajput, resident of Village And Post Mithri Via Deedwana, Tehsil Ladnu, District Nagaur

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----Appellants

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Versus

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State Of Rajasthan, Through District Collector, Nagaur 2. Public Works Department, through Secretary (PPP Division), Government Of Rajasthan, Secretariat Jaipur

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Project Director And Superintending Engineer, Public Works Department, PPP Division Laxmangarh, Sikker

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Gram Panchayat Mithri, Through The Sarpanch, Panchayat Samiti Ladnu, District Nagaur

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Gr Infra Projects Limited, Through The Executive Director Head Office, Gr House Hiranmagri, Sector 11, Udaipur.

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The Land Acquistion Officer and SDO Ladnu, District Nagaur.

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The Executive Engineer (PPP) PIW Laxmangarh, Public Works Department, Laxmangarh.

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----Respondents

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For Appellant(s)	: Mr. Nitin Prakash Trivedi
For Respondent(s)	: Mr. Anil Bachhawat, Mr. S.R. Paliwal, Mr. Vinit Sanadhya

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SUDESH BANSAL

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Judgment

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03/12/2021

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The appellants-original petitioners have challenged the order dated 23.11.2021 passed by the learned Single Judge in S.B. Civil Writ Petition No.13747/2018.

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The petitioners are owners of land bearing khasra No.147 situated in village Mithri, District Nagaur, which the State authority

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(2 of 3)

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[SAW-687/2021]

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acquired for the construction of the part of the State Highway. The authorities have initiated proceedings for acquisition of the said land and nearby lands under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as ‘Act’). It appears that at one stage in the draft impact assessment orders, Khasra No.147 of the petitioners was not included. Subsequently, in the final order the land has been included. The competent authority has issued a preliminary notification of acquisition under Sub-section (1) of Section 11 of the Act on 23.07.2018. This was challenged by the petitioners before the learned Single Judge on various grounds, primarily on the ground that procedure preceding issuance of the notification under Section 11(1) of the Act was not followed and in particular, social impact assessment as required under Section 4 of the Act in relation to the land in question, was never carried out. The learned Single Judge dismissed the petition, upon which this appeal has been filed.

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Having heard learned counsel for the parties and perused the documents on record, we are of the opinion that against the preliminary notification issued by the Government under Section 11(1) of the Act, the person interested in the land, has a right to raise objections under Section 15(1) of the Act. Sub-section (1) of Section 15 permits the objections in relation to, Clause (a) the area and suitability of land proposed to be acquired, (b) justification offered for public purpose, and (c) the findings of the social impact assessment report. Since the ground of the petition is that no social impact assessment was carried out, in our opinion, such provision falls under Clause (c) of Section 15(1) of

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(3 of 3)

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[SAW-687/2021]

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the Act. The petitioners have, thus, right to raise objection against the preliminary notification issued under Section 11(1) of the Act.

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At this stage, we would not like to interfere. However, time provided under Section 15(1) of the Act for raising such objections is 60 days from the date of publication of the preliminary notification. The petitioners had moved this Court shortly after the notification was issued and this Court had entertained the petition and also granted the interim relief. In that view of the matter, the petitioners would have time to raise such objections.

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If such objections are raised within 30 days from today, the same shall be decided in accordance with law. At this stage, learned counsel for the petitioners placed on record a copy of the notification dated 30.11.2021 issued by the Land Acquisition Officer asking the petitioners to receive compensation for their land and vacate the premises. We are surprised that even before completion of the acquisition proceedings, an attempt is being made to determine and pay the compensation and take possession of the land. It is, therefore, provided that till the petitioners’ objections are disposed of, the petitioners’ possession shall not be disturbed.

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With these observations and directions, the appeal is disposed of.

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(SUDESH BANSAL),J

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(AKIL KURESHI),CJ

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125-MohitTak/-

Bajrang Singh v. State of Rajasthan

Case brief

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Bajrang Singh v. State of Rajasthan

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