GAINDMAL Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2011-5-78
HIGH COURT OF RAJASTHAN
Decided on May 04,2011

GAINDMAL Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.) SINCE a similar controversy is involved in all these writ petitions, they were heard together and are being decided by this common order.
(2.) THESE writ petitions have been filed by petitioners challenging notices issued under Sections 4, 6 and 9(3) of the Land Acquisition Act, 1894. Alternatively a prayer has been made by petitioners that respondents be directed to allot them 25% developed land, 20% of which as residential and 5% as commercial, in terms of the Government circular dated 27.10.2005. Learned counsel has argued that the Government in aforesaid circular provided that the circular would also apply to pending cases where compensation has so far not been paid. Learned counsel further submitted that after filing of these petitions, various local bodies of the State have granted compensation in lieu of acquired land by way of developed land to the extent of 25% land in terms of government circular dated 27.102.005 to several other persons in different acquisition proceedings. Therefore respondents should be directed to consider case of petitioner on the same lines. Learned counsel for petitioners submitted that he does not press the challenge to notices under Sections 4, 6 and 9(3) of the Land Acquisition Act in case respondents consider petitioners' representation for allotment of 25% developed land in lieu of compensation as per Government circular dated 27.010.2005 and any subsequent and recent policy circulars. Shri S.D. Khaspuria, learned Additional Government Counsel for respondent no.1, opposed the writ petition and submitted that this court may not entertain such a prayer of the petitioner and petitioner may be required to approach the respondent Jaipur Development Authority for the said purpose by an appropriate application giving such an option. In view of above, writ petitions are disposed of requiring petitioners to make a representation together therewith a copy of aforesaid circular dated 27.102.005 or any other circular giving instances of compensation by way of developed land to the extent of 25% land in other schemes. Respondents shall consider and decide the representation of petitioners as per law within period of three months from the date of its making.;


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