- (1.) Since both the petitions involve common questions, and are directed against the order dt.29/12/2008 passed by Divisional Commissioner, Jaipur setting aside order dt.31/10/2008 of the Authorized Officer (Land Resumption) & Land Acquisition Officer, UIT, Alwar, in exercise of powers U/s 90-B(7) of the Rajasthan Land Revenue Act, 1956 ("LR Act"), hence are being decided by present order.
(2.) In order to appreciate grievance of the petitioners, facts leading to file instant petitions are necessarily to be indicate out of CWP-195/2009 (M/s Omway Build Estate (P) Ltd Vs. Divisional Commissioner, Jaipur & Ors). In respect of agricultural lands situated in village Bailaka Diwakri (Alwar district) which is subject matter of dispute, initially vide resolution NO.23 in meeting held on 16/08/1988, Urban Improvement Trust, Alwar ("UIT") proposed to set up a residential colony "Rohini Nagar" and taking note thereof, State Government issued proposed notification dt.25/07/1995 U/s 4(1) of the Land Acquisition Act, 1894 ("LA Act") and after taking note of the objections raised by land owners/persons interested U/ss 5A, declaration U/s 6 of LA Act was made & published vide notification dt.20/01/1997 and the Award came to be passed U/s 11 of LA Act on 25/06/98.
(3.) It is relevant to record that the Award was passed on 25/06/1998, but neither possession of the subject land was taken nor any compensation was offered nor paid either to the land owners (predecessors-in-interest) or to the present petitioners.;