Petitioner challenged land acquisition under the National Highways Act, 1956, alleging violation of constitutional rights. Court granted liberty to apply to the respondent authority for review of measurements and compensation.
Liberty granted to file a representation to the competent authority for review; authority directed to pass a reasoned order.
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.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 17149/2010
Ramkishore Bilonia S/o Shri Puna Ram, F-81, Gad Flats, Near Gandhi Nagar Club, Jaipur.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Anita Aggarwal For Respondent(s) : Mr. Vishal Karnani & Mr. Vijay Kumar Mittal for Mr. Vikas Soni, for NHAI
HON'BLE MR. JUSTICE SAMEER JAIN
Order
12/05/2023
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ii. held and declare that either no part or, negligible (60-70 sq. mtrs.) part of the land of Khasra No.692 only fell under acquisition as per the measurement prescribed vide Annexure-12; and
iii. Direct the non-petitioners to receive back the compensation paid to the petitioner or to pass any other appropriate order or direction which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, may also be passed in favour of the petitioner.”
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acquired. It is stated that the land was acquired keeping in view of the Indian Road Congress Guidelines, 1980 and to accommodate various legal, technical and structural requirements. Learned counsel for the respondents further contends that it is immaterial whether the petitioner claims to be in physical possession of the land in question as after conclusion of land acquisition proceedings, the land vests with the State and if the petitioner is still occupying the said land then he would be occupying it as an illegal encroacher.
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period of four weeks and pass a reasoned order in accordance with law.
(SAMEER JAIN),J
JKP/61
Ramkishore Bilonia
The Union Of India Through Secretary, Department Of Shipping, Road Transport And Highway
The National Highway Authority Of India
The Competent Authority, Land Acquisition
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
