Disposed

Mulya S/O Shri Shrinarayan (Since Deceased) v. State of Rajasthan

Rajasthan HC27 Jul 2023SAW/206/2016

Case brief

AI extract

What is this about?

A division bench disposed of special appeals filed by multiple landowners challenging a single judge's Partially Allowed order in land acquisition proceedings. The court directed the authorities to consider the appellants' claims for alternative land allotment based on the scheme prevailing at the time of acquisition, ignoring subsequent amendments, within 15 days.

What did the court decide?

Appellants given 15 days to submit options for alternative land allotment; claims to be examined based on scheme existing on award date, ignoring subsequent circular amendments.

Mulya S/O Shri Shrinarayan (Since Deceased) Vs State of… — Land Acquisition | Rajasthan HC (2023)

¶1

[2023:RJ-JP:15481-DB]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

D.B. Special Appeal (Writ) No. 183/2016

¶4

¶5

S.B. Civil Writ Petition No. 9126/2014

¶6

Virendra Singh S/o Shri Sajjan Singh,

¶7

Abhishek Katewa S/o Shri Virendra Katewa,

¶8

Jagdish S/o Shri Ramkumar,

¶9

All are R/o Village Pipla Bharat Singh, Tehsil Sanganer, District Jaipur.

¶10

----Appellants

¶11

Versus

¶12

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶13

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶14

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶15

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶16

----Respondent

¶17

Connected With

¶18

D.B. Special Appeal (Writ) No. 184/2016

¶19

¶20

S.B. Civil Writ Petition No. 9159/2014

¶21

Ghasi S/o Shri Gopiram,

¶22

Nathu Son Of Narayan Adopted Son Of Late Shri Chanda Lal, All Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶23

----Appellants

¶24

Versus

¶25

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶26

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶27

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶28

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶29

----Respondents

¶30

(2 of 13)

¶31

[2023:RJ-JP:15481-DB]

¶32

[SAW-183/2016]

¶33

D.B. Special Appeal (Writ) No. 186/2016

¶34

¶35

S.B. Civil Writ Petition No. 9139/2014

¶36

Pushpendra Singh S/o Late Shri Rao Durga Singh,

¶37

Karnidan Singh Son Of Shri Pushpendra Singh,

¶38

Both Resident Of Village Goverdhanpura, Tehsil Chaksu, District Jaipur.

¶39

----Appellants

¶40

Versus

¶41

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶42

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶43

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶44

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg Jaipur.

¶45

----Respondents

¶46

D.B. Special Appeal (Writ) No. 188/2016

¶47

¶48

S.B. Civil Writ Petition No. 9132/2014

¶49

Kailash S/o Shri Jankilal,

¶50

Ganesh Son Of Shri Jankilal,

¶51

Both Resident Of Village Khatwara, Tehsil Sanganer, District Jaipur.

¶52

----Appellants

¶53

Versus

¶54

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶55

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶56

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶57

The Additional Commissioner (Lands), Jaipur Development Authority Jawahar Lal Nehru Marg Jaipur.

¶58

----Respondents

¶59

(3 of 13)

¶60

[2023:RJ-JP:15481-DB]

¶61

[SAW-183/2016]

¶62

D.B. Special Appeal (Writ) No. 189/2016

¶63

¶64

S.B. Civil Writ Petition No. 9155/2014

¶65

Harinarayan S/o Shri Chuthmal, aged aged 61 years, Village Achrawala, Tehsil Sanganer, District Jaipur.

¶66

----Appellant

¶67

Versus

¶68

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶69

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶70

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶71

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶72

----Respondents

¶73

D.B. Special Appeal (Writ) No. 191/2016

¶74

¶75

S.B. Civil Writ Petition No. 9133/2014

¶76

1. Smt. Nathi W/o Late Shri Bhorilal,

¶77

2. Ramu Son Of Late Shri Bhorilal,

¶78

Both Resident Of Village Khatwara, Tehsil Sanganer, District Jaipur.

¶79

----Appellants

¶80

Versus

¶81

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶82

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶83

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶84

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg Jaipur.

¶85

----Respondents

¶86

(4 of 13)

¶87

[2023:RJ-JP:15481-DB]

¶88

[SAW-183/2016]

¶89

D.B. Special Appeal (Writ) No. 192/2016

¶90

¶91

S.B. Civil Writ Petition No. 9140/2014

¶92

Ramkaran S/o Shri Mangilal, Aged about 76 years, R/o Village Goverdhanpura, Tehsil Chaksu, District Jaipur.

¶93

----Appellant

¶94

Versus

¶95

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶96

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶97

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶98

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg Jaipur.

¶99

----Respondents

¶100

D.B. Special Appeal (Writ) No. 196/2016

¶101

¶102

S.B. Civil Writ Petition No. 9141/2014

¶103

Jagdish S/o Shri Chhotu

¶104

Shravan Son Of Shri Chhotu,

¶105

Both Resident Of Village Hingonia, Tehsil Bassi, District Jaipur.

¶106

----Appellants

¶107

Versus

¶108

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶109

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶110

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶111

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶112

----Respondents

¶113

(5 of 13)

¶114

[2023:RJ-JP:15481-DB]

¶115

[SAW-183/2016]

¶116

D.B. Special Appeal (Writ) No. 197/2016

¶117

¶118

S.B. Civil Writ Petition No. 9153/2014

¶119

Mangi Lal S/o Shri Pratap, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶120

Lal Chand S/o Shri Pratap, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶121

Hanuman S/o Shri Jagdish, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶122

----Appellants

¶123

Versus

¶124

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶125

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶126

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶127

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶128

----Respondents

¶129

D.B. Special Appeal (Writ) No. 199/2016

¶130

¶131

S.B. Civil Writ Petition No. 9154/2014

¶132

Lal Chand S/o Shri Nanuram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶133

Babu Lal S/o Shri Nanuram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

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Gyarsi Devi Widow Of Late Nanuram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶135

Mangilal S/o Late Shri Gullaram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

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Devi Lal S/o Late Shri Gullaram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶137

Gopal S/o Late Shri Gullaram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶138

Hanuman S/o Late Shri Gullaram, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶139

----Appellants

¶140

[2023:RJ-JP:15481-DB]

[SAW-183/2016]

(6 of 13)

Versus

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶145

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶146

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶147

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg Jaipur.

¶148

----Respondents

¶149

D.B. Special Appeal (Writ) No. 200/2016

¶150

¶151

S.B. Civil Writ Petition No. 9127/2014

¶152

Late Govindram S/o Shri Deva (Since Deceased) Mutation To-

¶153

1/1 Mohan, S/o Late Shri Govindram

¶154

1/2 Late Dhanna Lal S/o Late Govindram, (Since Deceased) Mutation To-

¶155

1/2/1 Manbhar Devi W/o Late Dhanna Lal,

¶156

1/2/2 Mukesh Kumar S/o Late Dhanna Lal,

¶157

1/2/3 Mahesh Kumar S/o Late Dhanna Lal,

¶158

Late Jagdish S/o Shri Juntha (Since Deceased), Mutation To-

¶159

2/1 Narayan, S/o Late Shri Jagdish

¶160

2/2 Prabhu Narayan, S/o Late Shri Jagdish

¶161

Nanchiram, S/o Shri Juntha

¶162

Late Manglaram S/o Shri Juntha (Since Deceased), Mutation To-

¶163

4/1 Bhuri Devi, W/o Late Shri Manglaram

¶164

4/2 Narsi S/o Late Shri Manglaram

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4/3 Mahadev S/o Late Shri Manglaram

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4/4 Lalchand S/o Late Shri Manglaram, All Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶167

----Appellants

¶168

[2023:RJ-JP:15481-DB]

[SAW-183/2016]

(7 of 13)

Versus

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶173

Jaipur Development Authority Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶174

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶175

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶176

----Respondents

¶177

D.B. Special Appeal (Writ) No. 204/2016

¶178

¶179

S.B. Civil Writ Petition No. 9152/2014

¶180

Ramgopal S/o Shri Badri, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶181

Ramniwas S/o Shri Badri, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶182

Sheonath Son Of Shri Dunga, (Since Deceased) Mutation To Following Legal Heirs-

¶183

3/1. Chhitar S/o Late Shri Sheonath, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶184

3/2. Baburam S/o Late Shri Sheonath, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶185

----Appellants

¶186

Versus

¶187

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶188

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶189

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶190

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶191

----Respondents

¶192

(8 of 13)

¶193

[2023:RJ-JP:15481-DB]

¶194

[SAW-183/2016]

¶195

D.B. Special Appeal (Writ) No. 206/2016

¶196

¶197

S.B. Civil Writ Petition No. 9144/2014

¶198

Mulya S/o Shri Shrinarayan (Since Deceased) through Mutation to-

¶199

1/1. Lal Chand, S/o Late Shri Mulya

¶200

1/2. Babu Lal, S/o Late Shri Mulya

¶201

Ram Sahai S/o Shri Shrinarayan (Since Deceased), Through Mutation To-

¶202

2/1. Sitaram S/o Late Shri Ram Sahai

¶203

Ramu S/o Shri Shrinarayan,

¶204

Sitaram S/o Late Shri Ram Sahai,

¶205

Nathi W/o Late Shri Juntha, All Resident Of Village Abhaypura, Tehsil Sanganer, District Jaipur.

¶206

----Appellants

¶207

Versus

¶208

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶209

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶210

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶211

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶212

----Respondents

¶213

D.B. Special Appeal (Writ) No. 241/2016

¶214

¶215

S.B. Civil Writ Petition No. 9135/2014

¶216

Nathu S/o Narayan Adopted S/o Late Shri Chanda Lal, Aged about 56 years, R/o Village Ratlya, Teshil Sanganer, District Jaipur.

¶217

----Appellant

¶218

[2023:RJ-JP:15481-DB]

[SAW-183/2016]

(9 of 13)

Versus

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶223

Jaipur Develpoment Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶224

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶225

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶226

----Respondents

¶227

D.B. Special Appeal (Writ) No. 245/2016

¶228

¶229

S.B. Civil Writ Petition No. 9145/2014

¶230

Narayan Devi W/o Late Shri Asharam,

¶231

Ram Kunwar, Son Of Late Shri Asharam

¶232

Ram Prasad, Son Of Late Shri Asharam

¶233

Rahul, Son Of Late Shri Ramnarayan

¶234

Sonu D/o Late Shri Ramnarayan,

¶235

Both Are Minors Through Gurdian Ladha W/o Late Ram Narayan,

¶236

All Are Resident Of Village Hingonia, Tehsil Bassi, District Jaipur.

¶237

----Appellants

¶238

Versus

¶239

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶240

Jaipur Development Authority Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶241

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶242

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶243

----Respondents

¶244

(10 of 13)

¶245

[2023:RJ-JP:15481-DB]

¶246

[SAW-183/2016]

¶247

D.B. Special Appeal (Writ) No. 247/2016

¶248

¶249

S.B. Civil Writ Petition No. 9156/2014

¶250

Prahlad S/o Late Shri Harinarayan, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶251

Kailash S/o Late Shri Harinarayan, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶252

Ramsahay S/o Shri Suwalal, Resident Of Village Achrawala, Tehsil Sanganer, District Jaipur.

¶253

----Appellants

¶254

Versus

¶255

State of Rajasthan through its Principal Secretary, Urban Development and Housing Department, Secretariat, Jaipur.

¶256

Jaipur Development Authority, Through Its Commissioner, Jawahar Lal Nehru Marg, Jaipur.

¶257

The Land Acquisition Officer, Urban Development Scheme, Jaipur Development Authority, Jawahar Lal Nehru Marg, Jaipur.

¶258

The Additional Commissioner (Lands), Jaipur Development Authority, Jawahar Lal Nehru Marg Jaipur.

¶259

----Respondents

¶260

For Appellant(s) : Mr. Siddharth Bapna, Advocate with Mr. Ram Vijay Singh, Advocate For Respondent(s) : Mr. Shashwat Purohit, AAG Mr. S.S. Raghav, AAG with Mr. Ajay Singh Rajawat, Advocate

¶261

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

27/07/2023

Heard.

These appeals arise out of common order passed on 01.02.2016 by the learned Single Judge in the matter of challenge

¶266

(11 of 13)

¶267

[2023:RJ-JP:15481-DB]

¶268

[SAW-183/2016]

¶269

to land acquisition proceedings. Though, challenge to the land acquisition proceedings was repelled by learned Single Judge, while partly allowing 24 petitions including petitions of present appellants, it was directed that the respondents shall either pay compensation to the appellants, at the market value as prevailing during the period when the possession of their respective land was taken or allotment of 25% of the developed land as per circular dated 27.10.2005 to the appellants for the same within a period of 15 days from the date of the order.

¶270

The appellants herein did not proceed to take either of the option of either receiving compensation or submitting option of land as they all filed present appeals assailing legality and validity of the order passed by learned Single Judge. Since then, these appeals have remained pending.

¶271

On the last date of hearing, learned counsel for the appellants submitted that now, at this stage, as the land of the appellants have already been utilized for public purpose, they give up the challenge to land acquisition proceedings, however, the respondent-Development Authority may be directed to consider them for allotment of alternative land as per their scheme which was existing on the date when the acquisition had taken place and also on the date when the order was passed by learned Single Judge on 01.02.2016.

¶272

On the last date of hearing, we required the counsel for the Development-Authority and the State Counsel both to seek instructions on this issue regarding allotment of alternative land to the appellants as per the scheme which was prevailing on the date when the land was acquired.

¶273

[2023:RJ-JP:15481-DB]

¶274

[SAW-183/2016]

¶275

(12 of 13)

¶276

Learned counsel appearing for Jaipur Development Authority would submit that the scheme which was existing on the date of acquisition of land and the date on which the order was passed by learned Single Judge on 01.02.2016 since stands amended subsequently vide another circular dated 01.06.2022, wherein, it has been stipulated that in those cases where compensation has been deposited, alternative land as proposed earlier could not be granted.

¶277

To our mind, the said circular would not adversely affect appellants as much as the appellants were allowed by learned Single Judge to give their option within 15 days vide order dated 01.02.2016. The reason for not taking the option was that the appellants were willing to exercise their right of appeal against the order passed by the learned Single Judge and in-fact all of them filed present appeals which have remained pending since then.

¶278

The appellants, at this stage, are not willing to press these appeals anymore in view of long lapse of time as the land stands acquired for certain public purpose and, therefore, the challenge to the acquisition is now given up. In these circumstances, we are of the view that it should be obligation on the part of Development Authority to consider their options if it is submitted within a period of 15 days from today. The circular, which was issued on 01.06.2022, should not come in the way of the appellants and they should not be denied the same treatment which was given to all other land owners under the same land acquisition proceedings merely because the appellants availed their statutory right of appeal against the order passed by learned Single Judge. In our considered opinion, it would be in the interest of justice that the

¶279

(13 of 13)

¶280

[2023:RJ-JP:15481-DB]

¶281

[SAW-183/2016]

¶282

appellants should also be treated at par with those whose lands were acquired with their lands and who were offered alternative lands in lieu of compensation.

¶283

Accordingly, all the appeals are disposed off, however, with liberty to the appellants to submit their option within a period of 15 days from today. If the options are submitted, appellants claim for allotment of alternative land in lieu of compensation shall be examined on the basis of the scheme which was existing on the day the award was passed. It is made clear that subsequent modification in the scheme vide circular dated 01.06.2022 shall not be made a basis to reject the claim of the appellants if otherwise they are entitled to allotment of land as per the prevailing scheme of acquisition and allotment of alternative land in lieu of compensation. It goes without saying that the amount of compensation would not be payable to the appellants.

¶284

(PRAVEER BHATNAGAR),J

¶285

(MANINDRA MOHAN SHRIVASTAVA),J

¶286

Mohita /61-76

Mulya S/O Shri Shrinarayan (Since Deceased) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mulya S/O Shri Shrinarayan (Since Deceased) v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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