- (1.) All these writ petitions arise out of the proceedings for acquisition of land taken by the State Government in respect of the scheme popularly known as Jawahar Nagar Yojna in Bharatpur. Since common questions of law have been raised it will be appropriate to decide these petitions by a common order.
(2.) In Writ Petition No.5434/90 filed by Damodar Lal Sharma and 10 others it had been stated that the petitioners purchased land falling in Khasra No. 815 (new Khasra No. 4483), Khasra No. 822 (new Khasra No. 4484) and Khasra No. 814 (4482). Names of the petitioners were entered in the revenue record and mutations were made in their names. Purchase had been made by them by registered sale-deed dated, 23.4.82. Petitioners cLalmed that they deposited conversion charges in accordance with the Rajasthan Land Revenue (Allotment, Conversion and Registration of Agricultural Land for Residential, Commercial Purposes in Urban Area) Rules, 1981. They had also submitted lay-out plan before the District Level Committee and it was approved on 18.1.85. After this had been done, the District Level Committee constituted for conversion of land took a decision in its meeting dated-11.6.86 that the petitioners be asked to surrender their land situated in scheme No. 8 and that they will be allotted plots of the same size on priority basis. According to the petitioners, they submitted joint applications to the Urban Improvement Trust for regularisation and allotment of land for residential purposes. In its meeting held on 27.1.89 the Urban Improvement Trust, Bharatpur, took a decision that the lands on which construction has already been made may be exempted from acquisition because it will not be justified to destroy the constructed houses. On that basis a decision was taken that those persons who had deposited 80% of the conversion charges should be given exemption from acquisition. In the meanwhile, notices for acquisition of the land were issued under section-4 of the Rajasthan Land Acquisition Act on 9.7.87. A declaration was also issued on 30.7.88 and then a notice dated, 18.11.88 was issued under section-9. Petitioners submitted application before the Land Acquisition Officer and protested against the acquisition of land. However, the Land Acquisition Officer passed award dated, 28.7.%.
(3.) Petitioners have challenged the award on the ground that the same has been made in contravention of the provisions of the Rajasthan Land Acquisition Act in as much as, the award is not in consonance with the period specified in section-11(I) petitioners have also questioned the award on the ground that once a policy decision has been taken to regularise their land, it is not open to the Urban Improvement Trust to take possession of the land. Petitioners have also pleaded that number of other plots falling within the scheme have been left out but the petitioners have been picked up for this discriminatory treatment.;