Disposed

Sita Ram and Ors. v. State Urban Developmentors

Rajasthan HC17 Oct 2024SAW/198/2016

Case brief

AI extract

What is this about?

Court disposed of D.B. Special Appeal allowing appellants to submit options for alternative land allotment within 30 days, treating them par with other land owners despite a subsequent circular, while refusing compensation.

What did the court decide?

Appellants directed to submit option for alternative land allotment within 30 days; entitlement to be examined based on scheme existing on date of award; no compensation payable.

Sita Ram and Ors. Vs State Urban Developmentors — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JP:43589-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Special Appeal Writ No. 198/2016

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Sitaram S/o Shri Ram Sahai,

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Ramu S/o Shri Shrinarayan,

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Nathi W/o Late Juntha,

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Babu Lal S/o Shri Jagannath,

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Ramdhan S/o Shri Jagannath,

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Shankar Lal S/o Shri Madholal,

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Kailash S/o Shri Madholal,

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Gopal S/o Shri Madholal,

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Prabhu S/o Shri Teja,

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Kani W/o Late Shri Ganesh,

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Kalyan Sahay S/o Late Shri Ganesh

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Lal Chand S/o Shri Ganesh,

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Bhanwar Lal S/o Shri Ganesh,

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Hari Narain S/o Shri Ganesh,

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Gulli W/o Late Mulya,

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Lal Chand S/o Late Shri Mulya,

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Babu Lal S/o Late Shri Mulya,

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All resident of Village Abhaypura, Tehsil Sanganer, District Jaipur

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----Appellants

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Versus

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

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Jaipur Development Authority through its Commissioner, Jawahar Lal Nehru Marg, Jaipur

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

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

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----Respondents

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For Appellant(s)	: Mr. Siddharth Bapna with
	Mr. Ranvijay Singh
For Respondent(s)	: Ms. Neha Amola with
	Mr. Yuvraj Samant

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(2 of 4)

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[2024:RJ-JP:43589-DB]

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[SAW-198/2016]

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HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA Judgment

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17/10/2024

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Heard.

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This appeal arises out of common order passed on 01.02.2016 by the learned Single Judge in the matter of challenge to land acquisition proceedings. Though, challenge to the land acquisition proceedings was repelled by learned Single Judge, while partly allowing 24 petitions including petition 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.

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

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Today when the matter comes up for hearing, learned counsel for the appellants would submit that this appeal may also be disposed off in terms of order dated 27.07.2023 passed in batch of writ appeals arising out of the common order dated 01.02.2016 passed by the learned Single Judge. It is submitted that the present appellants and the appellants whose appeals were disposed off on 27.07.2023 by common order are identically situated. Learned counsel for the appellants would submit that the

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[2024:RJ-JP:43589-DB]

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[SAW-198/2016]

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(3 of 4)

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appellants give up the challenge to land acquisition proceedings and respondent-Jaipur 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 the learned Single Judge on 01.02.2016.

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Learned counsel for the respondents would submit that when the aforesaid appeals of other appellants arising out of order dated 01.02.2016 of the learned Single Judge came up for hearing on 27.07.2023, it was submitted that the scheme which was existing on the date of acquisition of land and the date on which the order was passed by the 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.

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The contentions, which are now being raised by the learned counsel for the respective parties, were also raised before us while deciding similar appeals. Taking into consideration that the appellants therein had given up challenge to the land acquisition proceedings, but prayed for direction to consider for allotment of alternative land, this Court was inclined to dispose off those appeals despite objections raised on behalf of the Jaipur Development Authority. It was observed thus:-

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“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

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(4 of 4)

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[2024:RJ-JP:43589-DB]

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[SAW-198/2016]

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Single Judge and in-fact all of them filed present appeal which has remained pending since then.

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The appellants, at this stage, are not willing to press this appeal 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 appellants’ 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 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.”

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Accordingly, this appeal is disposed off, however, with liberty to the appellants to submit their option within a period of 30 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.

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(GANESH RAM MEENA),J

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(MANINDRA MOHAN SHRIVASTAVA),CJ

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NAVAL KISHOR /Satyendra/2

Sita Ram and Ors. v. State Urban Developmentors

Case brief

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Sita Ram and Ors. v. State Urban Developmentors

Case brief

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