MEERA KUMARI Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN (AT: JODHPUR)
STATE OF RAJASTHAN
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DINESH MEHTA,J. -
(1.) These two petitions under Article 226 of the Constitution of India involve decision on common acquisition proceedings whereby the land comprising the village of Kyari are proposed to be acquired for the public purpose of a micro irrigation project.
(2.) The first petition is on behalf of the village (hereafter the "Kyari petition" and the petitioners in which are called "the Kyari petitioners"). It is highlighted in this petition, that the acquisition proceedings were rushed through without adequate protection and without following the mandatory procedures prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("the Land Acquisition Act" hereafter). In this regard, it is submitted by the counsel that the Social Impact Assessment Report submitted to the Government was not published and did not have the consent of the residents of the village, which vitiates the entire acquisition process.
(3.) The Kyari petitioners also argue that the alternative land proposed to be allotted is of little value, because it cannot be used by them, once they are given it. The next argument, made on behalf of the petitioners is that sufficient grazing lands have not been earmarked in the village where the displaced families would be rehabilitated, i.e. in the Bhimana village.;
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