- (1.) THE case of the petitioner is that she is the registered owner and recorded khatedar of land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer. It is submitted that during the years 2009 to 2011 when the petitioner's husband Jethanand was suffering from renal failure, the petitioner could not tend to her aforesaid land. THEreafter when the petitioner visited her land in Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer, she was shocked to find that her land had been used for construction of a Pakka Feeder by the respondents. In these circumstances, the petitioner sent a notice for demand of justice on 9-8-2011 under the hand of her Advocate inter alia to the District Collector Ajmer praying for the removal of the Pakka Feeder over her khatedari land and that possession of the aforesaid land be handed back to her, but to no avail.
(2.) COUNSEL for the petitioner submits that the respondents have deprived the petitioner of her property rights over her khatedari land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer without due process of law, without payment of any compensation, and in contravention of the petitioner's rights under Article 300A of the Constitution of India. It is submitted that in these circumstances the respondents should be directed to remove the illegal construction of the Pakka Feeder from the petitioner's khatedari land under Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer, and alternatively the respondents be directed to allot suitable equivalent land in Ajmer Tehsil itself to the petitioner in lieu of her land utilised for public purpose by the construction of the Pakka Feeder. In spite of issuance of notice to respondents, no one has appeared on behalf of respondents. The case of the petitioner as laid before this court is quite simple and straight forward. The petitioner states to be the recorded khatedar of land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer, which has been utilised for public purpose by the construction of a Pakka Feeder albeit without paying any compensation to the petitioner. If the petitioner's khatedari land has indeed been utilised for construction of Pakka Feeder by respondents and she has been deprived of her land without payment of requisite compensation under the provisions of Land Acquistion Act, 1894, the petitioner would need to have her grievance of unlawful dispossession rectified. On the say of the petitioner no compensation has been paid to the petitioner before acquisition of her land and the provisions of Land Acquisition Act disregarded. Having considered the submissions of the petitioner and perused the material available on record, I am of the view that first prayer of the petitioner for removal of construction of the Pakka Feeder cannot be entertained in view of the fact that obviously the construction of Pakka Feeder is a work of public utility and importance. Further, in view of the fact that the petitioner herself has prayed for an alternative relief, she would be entitled for compensatory allotment of alternative land if she can establish before the respondents to their satisfaction that the respondents have deprived her of her ownership of her khatedari land admeasuring about 2 bighas in Khata No.125, Khasra No.1394 of Patwar Halka Pushkar, Tehsil and District Ajmer contrary to the provisions of Land Acquistion Act, 1894. In the obtaining circumstances, the petitioner is directed to file a representation along with a copy of the notice of demand of justice dated 9-8-2011 before the District Collector Ajmer within seven days from the date of receipt of certified copy of this order. The District Collector Ajmer is directed to address the notice for demand of justice dated 9-8-2011 within a period of six weeks thereafter.
(3.) THE writ petition stands disposed of accordingly. Stay application also stands disposed of.;