Petitioner sought 25% developed land in lieu of compensation for acquired land but failed to establish title tenure was not recorded revenue authorities dismissed claim found devoid of merit and petition dismissed.
Set aside petitioner's claim for developed land. Dismiss writ petition.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 10938/2009
Rajendra Prasad S/o Shri Ramji Lal, aged about 45 years, R/o Pushp colony, Delhi Road, Alwar.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. B K Sharma
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Order
17/01/2024
following prayer:-
ii) Any other order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner. iii) Cost of writ petition may also be awarded in favour of the petitioner.”
question was purchased by the petitioner from the original khatedaars whose land was acquired by the respondents. Counsel
[CW-10938/2009]
(2 of 3)
submits that till date 25% developed land in lieu of compensation has not been allotted to the petitioner in spite of making application in this regard. Counsel submits that the application was submitted by the petitioner on 24.10.2007, however, the same was rejected by the Land Acquisition Officer, Alwar vide impugned order dated 08.06.2009 indicating therein that the application was submitted after passing of the prescribed date i.e. 20.09.2007. Counsel submits that there was slight delay in filing the aforesaid application, the aforesaid application was submitted by him immediately, after passing of the award dated 20.09.2007 as interference of this Court is warranted and direction be issued to authority concerned to award 25% developed land to the petitioner.
[CW-10938/2009]
(3 of 3)
that in view of the submissions made hereinabove, interference of this Court is not warranted.
(ANOOP KUMAR DHAND),J
Aayush Sharma/71
3 issues framed by the court
Whether the High Court is warranted in directing allotment of 25% developed land in lieu of compensation due to late filing.
Whether a person not named in the revenue record can claim rights to acquired land acquired from original khatedaars.
Whether azzert right to claim 25% developed land must be determined by declaring title in civil court.
1 provisions across 1 enactments
Rajendra Prasad
The State of Rajasthan, through the Secretary, Urban Development & Housing Department
The Urban Improvement Trust, Alwar
The Land Acquisition Officer, Urban Improvement Trust, Alwar
Anoop Kumar Dhand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
