Allowed

Hajari Lal v. Union of India

Rajasthan HC19 Feb 2024WCP/106/2023

Case brief

AI extract

What is this about?

Multiple writ contempt petitions challenged non-receipt of land acquisition compensation. The Court held that since the Central Government deposited the amount, the State must disburse the entire sum to petitioners by March 31, 2024, and discharged contempt notices.

What did the court decide?

Performance: Disburse entire deposited amount to petitioners on or before 31.03.2024. Contempt notices discharged.

Hajari Lal Vs Union of India — Land Acquisition | Rajasthan HC (2024)

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[2024:RJ-JD:8562]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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(1) S.B. Writ Contempt No. 102/2023

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Ram Lal Gurjar S/o Shri Hajari Lal, Aged About 70 Years, Village Amartiya, Tehsil Gadhbore, Dist.- Rajsamand (Raj.).

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----Petitioner

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Versus

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Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka New Delhi.

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Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition) And Additional District Magistrate, Collectrate - Rajsamand District Rajsamand (Raj.)

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Shri Alok Deepanker, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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Connected With

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(2) S.B. Writ Contempt No. 106/2023

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Hajari Lal S/o Shri Bhuraji, Aged About 65 Years, Resident Of Village Lambodi, Tehsil Gadhbore And Dist. Rajsamand (Raj.).

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----Petitioner

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Versus

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Union Of India, Through Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka New Delhi.

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Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition) And Additional District Magistrate, Collectrate - Rajsamand District Rajsamand (Raj.)

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Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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(3) S.B. Writ Contempt No. 325/2023

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Mahaveer S/o Shri Roshan Lal, Aged About 46 Years, Village Bheem, Tehsil Bheem, District Rajsamand - (Raj.).

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----Petitioner

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Versus

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Shri Giridhar Aramane, Secretary, Ministry Of Road, Transport And Highways, Transport Bhawan- 1,

(2 of 6)

[2024:RJ-JD:8562]

[WCP-102/2023]

Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, (Father's/husband's Name Not Known), Chairman The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi.

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Ram Saran Sharma, (Father's Name Unknown), The Prescribed Authority (Land Acquisition, And Additional District Magistrate) Collectorate - Rajsamand, District Rajsamand, (Raj.).

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Alok Deepanker, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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(4) S.B. Writ Contempt No. 60/2023

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Sampat Lal S/o Shri Chatra Ram, Aged About 52 Years, Resident Of Village Amartiya, Tehsil Gadhbor And Dist. Rajsamand (Raj.).

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----Petitioner

¶38

Versus

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Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, (Fathers/husbands Name Not Known), Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi.

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Shri Ram Saran Sharma, (Fathers Name Unknown), The Prescribed Authority (Land Acquisition And Additional District Magistrate), Collectrate Rajsamand, District Rajsamand (Raj.).

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Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zone Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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(5) S.B. Writ Contempt No. 61/2023

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Dharm Chand S/o Shri Kalu Ram, Aged About 36 Years, Resident Of Village Kitela, Tehsil Gadhbore And Dist. Rajsamand (Raj.).

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----Petitioner

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Versus

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Shri Girdhar Armane, Secretary, Ministry Of Road, Transport And Highways, Transport Bhawan-1 Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka New Delhi.

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Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition) And Additional District Magistrate, Collectrate - Rajsamand District Rajsamand (Raj.)

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Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director, Zonal Office, Ministry

[2024:RJ-JD:8562]

[WCP-102/2023]

(3 of 6)

Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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(6) S.B. Writ Contempt No. 83/2023

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Dharmveer S/o Shri Ganeshlal Gurjar, Aged About 30 Years, Village- Lambodi, Tehsil Gadhbor (Kumbhalgarh) And Dist. Rajsamand (Raj.).

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----Petitioner

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Versus

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1. Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

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Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G 5 And 6, Sector-10, Dwarka New Delhi.

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Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition And Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand (Raj.).

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Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport, D.c.m., Ajmer Road, Jaipur.

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----Respondents

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(7) S.B. Writ Contempt No. 85/2023

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Udai Singh S/o Shri Nen Singh, Aged About 58 Years, B/c Rajput, Village Kitela, Tehsil Gadhbore, Dist. And Rajsamand (Raj.).

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----Petitioner

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Versus

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Union Of India, Through Shri Giridhar Aramane, Secretary, Ministry Of Road, Transport And Highway, Transport Bhawan- 1 Parliament Street New Delhi.

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Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G 5 And 6, Sector-10, Dwarka New Delhi.

¶72

Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition And Additional District Magistrate), Collectrate- Rajsamand, District Rajsamand (Raj.).

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Shri Alok Deepanker, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport, D.c.m., Ajmer Road, Jaipur.

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----Respondents

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(8) S.B. Writ Contempt No. 97/2023

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Kamlesh Kumar S/o Shri Hastimal Ji, Aged About 39 Years, Resident Of Village Lambodi, Tehsil - Gadhbore And Dist. - Rajsamand (Raj.).

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----Petitioner

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Versus

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Union Of India, Through Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

(4 of 6)

[2024:RJ-JD:8562]

[WCP-102/2023]

Smt. Alka Upadhyaya, (Father/husband Name Not Known), Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi.

¶84

Shri Ram Saran Sharma, (Father Name Unknown), The Prescribed Authority (Land Acquisition And Additional District Magistrate), Collectorate- Rajsamand, District Rajsamand (Raj.).

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Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

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----Respondents

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(9) S.B. Writ Contempt No. 104/2023

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Ashok Singh S/o Shri Kalu Singh, Aged About 40 Years, Village Tadawada Solankiyan, Tehsil Gadhbore, Dist.- Rajsamand (Raj.).

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----Petitioner

¶90

Versus

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Shri Giridhar Aramane, Secretary, Ministry Of Road Transport And Highways, Transport Bhawan-1, Parliament Street, New Delhi.

¶92

Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka New Delhi.

¶93

Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition) And Additional District Magistrate, Collectrate - Rajsamand District Rajsamand (Raj.)

¶94

Shri Alok Deepanker, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

¶95

----Respondents

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(10) S.B. Writ Contempt No. 339/2023

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Mahaveer S/o Shri Roshanlal, Aged About 50 Years, Village Bheem, Tehsil Bheem, District Rajsamand (Raj.).

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----Petitioner

¶99

Versus

¶100

Giridhar Aramane, Secretary, Ministry Of Road, Transport And Highways, Transport Bhawan- 1, Parliament Street, New Delhi.

¶101

Smt. Alka Upadhyaya, Chairman The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi.

¶102

Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition, And Additional District Magistrate) Collectorate - Rajsamand, District Rajsamand, (Raj.).

¶103

Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

¶104

----Respondents (11) S.B. Writ Contempt No. 350/2023

(5 of 6)

[2024:RJ-JD:8562]

[WCP-102/2023]

Chain Singh S/o Shri Laxman Singh, Aged About 55 Years, Resident Of Sadak Ka Badiya, Nandawat, Tehsil Bhim, District Rajsamand (Raj.).

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----Petitioner

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Versus

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Shri Giridhar Aramane, Secretary, Ministry Of Road, Transport And Highways, Transport Bhawan- 1, Parliament Street, New Delhi.

¶112

Smt. Alka Upadhyaya, Chairman, The National Highway Authority Of India, G-5 And 6, Sector-10, Dwarka, New Delhi.

¶113

Shri Ram Saran Sharma, The Prescribed Authority (Land Acquisition, And Additional District Magistrate) Collectorate - Rajsamand, District Rajsamand, (Raj.).

¶114

Shri Alok Deepanker S/o Shri Arun Kumar Shah, The Zonal Officer And Project Director, Zonal Office, Ministry Of Road And Transport And Highways, D.c.m. Ajmer Road, Jaipur.

¶115

----Respondents

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For Petitioner(s) : Mr. S.S. Sisodia with Mr. Jaipal Singh For Respondent(s) : Mr. Bhanu Pratap Bohra for respondent Nos.1 to 4 Mr. S.S. Paliwal for Dr. Praveen Khandelwal, AAG

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JUSTICE DINESH MEHTA

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Order

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19/02/2024

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Mr. Bohra, learned counsel appearing for the Union of India - Ministry of Road, Transport and Highways submitted that amount pursuant to the award passed by the Land Acquisition Officer has been deposited by the Union of India before the Land Acquisition Officer.

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Mr. Sisodia, learned counsel for the petitioners submitted that the petitioners have, however, not received the same so far.

¶122

In view of the submission made by learned counsel appearing for Union of India that the amount has been deposited,

(6 of 6)

[2024:RJ-JD:8562]

[WCP-102/2023]

all these contempt petitions are disposed of with a direction to the State to disburse the entire amount on or before 31.03.2024.

¶127

Notices of contempt issued to the respondents are discharged.

¶128

The present contempt petitions are disposed of for statistical purposes.

¶129

In case, the Land Acquisition Officer/competent authority of the respondent is of the view that certain documents/information are awaiting on behalf of the petitioner(s), he shall communicate the same to the petitioner(s) while giving atleast seven days’ notice.

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In case, the amount as deposited by the Central Government is not disbursed to the petitioner(s), he/she/they will be free to move application for revival of the present contempt petition and/or to file fresh.

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(DINESH MEHTA),J

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84 to 94-Arvind/-

Hajari Lal v. Union of India

Case brief

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Hajari Lal v. Union of India

Case brief

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