Mohammad Rafiq, J. - (1.) Contention of learned counsel for petitioners is that petitioners' land bearing Khasra No.93/1 measuring 1.25 hectare, has been illegally acquired by the State without Notification under Section 4 of the Land Acquisition Act, 1894. Said land was included for the first time in Notification under Section 6 of the Act issued on 10.01.2000 and thereafter in the Award dated 16.06.2001. Learned counsel argued that land of a citizen cannot be taken possession of by the State in such a summary manner without making payment of compensation in lieu thereof. The land was recorded in khatedari of petitioners' father Kamal Son of Brij Mohan, by caste Rana. Learned counsel in this connection referred to jamabandi of Samvat Years 2059-2063. It is submitted that the land was acquired by the State for the purpose of construction of dam under Laghu Sichaie Yojna in Village Akhodiya, Tehsil Bamanwas, District Sawai Madhopur. Even though, in the award it was decided that the compensation to the tune of Rs. 1,33,980/- shall be paid to petitioners but so far payment of the same has not been made to them. As there was an objection in the government at some stage about non-inclusion of the land in Notification under Section 4 and on that basis it was going to acquire the land afresh in accordance with the law. Learned counsel submitted that he would have no objection even if now by consent of petitioners this land is taken, which has actually been taken in possession by the respondents and dam has been constructed thereon, and payment of compensation be made with interest as per statutory rate in exercise of Section 23-A of the Land Acquisition Act.
(2.) Learned counsel for respondents opposed writ petition, however, could not justify why payment of compensation has not been made to petitioners so far. It is not disputed that the land was actually acquired, possession was taken and dam was constructed. If that be so, it is not understood why proposals were made for initiating fresh acquisition proceedings, more particularly when petitioners have agreed to accept compensation with interest as originally proposed by the Land Acquisition Officer.
(3.) In result, this writ petition is allowed. Respondents are directed to pay to petitioners the amount of compensation to the tune of Rs. 1,33,980/- as quantified in the award together with statutory rate of interest as per Section 23-A of the Land Acquisition Act.;