High Court allowed limited writ petition seeking declaration that land be treated as commercial. Court directed respondents to compute compensation applying commercial rates. All pending applications disposed of.
Respondents directed to compute compensation treating land as commercial and pass appropriate benefits to petitioners.
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.
[2023:RJ-JD:26987]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 8864/2023
----Petitioners
Versus
----Respondents
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
[2023:RJ-JD:26987]
[CW-8864/2023]
(2 of 3)
24/08/2023
following reliefs:-
“(i) by an appropriate writ, order or direction, it may be declared that the entire proceedings undertaken by the respondents is illegal and de horse the mandatory provisions of the section 3 C of the Act of 1956;
(ii) by an appropriate writ, order or direction, the impugned notification dated 16.3.2022 (Annexure-4) and impugned declaration dated 22.2.2023 (Annexure-8) may kindly be quashed and be set aside with all consequential directions;
(iii) In the alternative and without prejudice to the above prayer, by an appropriate writ, order or direction, the respondent competent authority may kindly be directed to hear the petitioners under section 3C of the Act of 1956 and passed reasoned and speaking order upon the same with all consequential directions.”
“6- That so far as the nature of the land of the petitioners is concerned, it is most humbly submitted that from a perusal of communication dated 27.02.2023 (Annex 10) and communication dated 25.01.2023 along with the draft dated 22.11.2022 attached therewith (Annexure 9) it is apparent that the land of the petitioner is to be treated as commercial and compensation is to be paid accordingly. However, due to a bonafied mistake the same could not be reflected in the notification dated 22.03.2023 issued under section 3D.”
[2023:RJ-JD:26987]
[CW-8864/2023]
the respondents shall compute the compensation while keeping into consideration the para No.6 of their own reply, as quoted hereinabove. While treating the land to be commercial, appropriate benefits, which are accruing to the petitioners, may be passed on to him expeditiously.
(DR.PUSHPENDRA SINGH BHATI), J.
9-/Jitender//-
2 issues framed by the court
Whether the petitioners are entitled to compensation on the basis of commercial rate for the land acquired.
Whether the impugned notification and declaration should be quashed due to a bonafide mistake in treating land as commercial.
1 provisions across 1 enactments
Raman Kumar s/o Shri Roop Chand Ji
Mahendra Pal s/o Shri Roop Chand Ji
Gulab Chand s/o Shri Roop Chand Ji
Bhagwan Dass s/o Shri Roop Chand Ji
Union Of India
Competent Authority Cum Land Acquisition Officer And Sub - Divisional Officer, Hanumangarh
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
