- (1.) THIS petition (18557/2011) has been filed against the order dated 07.04.2011 passed by the Land Acquisition Officer, Jaipur-I, Jaipur (hereinafter 'LAO') under Section 28A of the Rajasthan Land Acquisition Act (Amended), 1989 (hereinafter 'the Act of 1989') on an application moved by the respondent Nos.2 to 13.
(2.) THE facts of the case are that vide notification dated 04.02.1982 issued under Section 4(1) of the Land Acquisition Act of 1953 (hereinafter 'the Act of 1953'), the petitioner-State sought to acquire land admeasuring 1887 Bighas 10 Biswas located in Tehsil Jaipur. THE notification under Section 4(1) was followed by a Notification dated 16.02.1982 under Section 6 read with Section 17(1) of the Act of 1953. THE possession of the land notified was taken from the khatedars on 28.08.1982. THE LAO vide his award dated 12.08.1983 computed compensation under Section 23(2) of the Act of 1953 @ Rs.12,000/- per bigha with solatium @ 10% and interest @ 4% per annum to be paid to the khatedars from the date of taking of possession till the date of actual payment. The respondent Nos.2 to 13 are erstwhile khatedars/landowners of parts of land acquired by the State of Rajasthan for the public purpose of construction of Majar Dam on Amanishah Ka Nala, Jaipur. The land acquired from the respondent Nos.2 to 13 ad measured 268 bighas and 15 biswas and was located at village Beed Papad, Tehsil and District Jaipur (Khasra NO.46/53 4 bighas 03 biswas, Khasra No.46/54 2 bighas 10 biswas, Khasra No.46/55 4 bighas 5 biswas, Khasra No.46/56 2 bighas 15 biswas, Khasra No.46/57 0 bigha 5 biswas, Khasra No.46/58 18 bighas 10 biswas, Khasra No.46/59 2 bighas 19 biswas, Khasra No.46/01 233 bighas 8 biswas). That few of the Khatedars whose land was acquired under award dated 12.08.1983 including one Ghasi submitted application under Section 18 of the Act of 1953 to the Collector requesting him to make a reference to the competent civil court for enhancement of compensation as they were dissatisfied with the compensation as determined under the award dated 12.08.1983. Ghasi's reference petition was numbered as Reference Land Acquisition No.47/1984 before the Civil Court, Jaipur City, Jaipur. The said reference was disposed of under the order of the court passed on 27.03.1992 whereunder the compensation for the land acquired from Ghasi was enhanced from Rs.12,000/- per bigha to Rs.24,000/- per bigha with solatium @ 30% and further interest @ 12% per annum to be paid from the date of the Section 4 Notification i.e. 04.02.1982 till the date of taking of possession i.e. 28.08.1992 with further interest @ 9% per annum for the first year commencing 28.08.1992 and thereafter @ 15% per annum till the actual payment of the enhanced compensation. Following the order dated 27.03.1992, passed by the Civil Court, Jaipur City, Jaipur in Reference Land Acquisition No.47/1984, the respondent Nos.2 to 13 moved an application under Section 28A of the Act of 1989 on 20.06.1992 before the LAO claiming enhanced compensation in terms of the order dated 27.03.1992 passed by Civil Court. Vide order dated 07.04.2011, the LAO allowed the application under Section 28A of the Act of 1989 moved by the respondent Nos.2 to 13 and directed payment of compensation to the respondents @ Rs.24,000/- per bigha with solatium @ 30%. It was further directed that interest @ 12% per annum be paid to the respondent Nos.2 to 13 on the enhanced amount determined from the date of Section 4 Notification i.e. 04.02.1982 till the date of taking of possession i.e. 28.08.1982 with further interest @ 9% per annum for the first year commencing 28.08.1982 and thereafter @ 15% per annum till the actual payment of the enhanced compensation. The petitioners-State is aggrieved of the order dated 07.04.2011, passed by the LAO under Section 28A of the Act of 1989.
(3.) I have heard the counsel for the petitioners-State as also the respondents who appeared on caveat and have also on their part filed writ petition No.11551/2011 for implementation of the award dated 07.04.2011 passed by the LAO. It is not in dispute that the compensation awarded in respect of the land acquired in village Beed Papad, Tehsil and District Jaipur under the award dated 12.08.1983 was enhanced qua one of the person interested, one Ghasi on a reference made under Section 18 of the Act of 1953 decided by the Civil Court vide its order dated 27.03.1992. It is also not in dispute that the respondents Nos.2 to 13 were also subjected to acquisition of their lands under the same award dated 12.08.1983 as was Ghasi. It is also not in dispute that the respondent Nos.2 to 13 moved an application under Section 28A of the Act of 1989 before the LAO within three months of the making of the award dated 12.08.1983 i.e. within limitation as provided for under Section 28A of the Act of 1989. It is not the case of the petitioners-State that the lands of the respondent Nos.2 to 13 were located less advantageously than that of Ghasi. In this view of the matter, in terms of Section 28A of the Act of 1989, the respondent Nos.2 to 13 were entitled to enhancement of compensation in respect of their lands acquried in terms of the order dated 27.03.1992, passed by the Civil Judge, Jaipur City, Jaipur on a reference made under Section 18 of the Act of 1953 at the askance of Ghasi. Counsel for the petitioners-State would however submit that the LAO could only award enhanced compensation under the provisions of Section 28A of the Act of 1989 and not interest on the said enhanced compensation. I am however afraid that the argument as formulated by the counsel for the petitioners-State stands foreclosed in terms of the judgment of the Hon'ble Supreme Court in the case of Union of India & Anr. Vs. Pradeep Kumari & Ors. [AIR 1995 SC 2259] wherein it has been held that after an application has been submitted under Section 28A(1) for redetermination of the amount of compensation, the process of such redetermination is governed by Sections 18 to 28 and in this view of the matter Section 34 would be applicable to the award that is made by the Collector under Sub-section (2) of Section 28A making it permissible for the Collector to award interest on the remainder amount found subsequent to redetermination of compensation under Section 34. ;