Amitava Roy, J. - (1.) THE instant petition is one for issuance of an appropriate writ or order or direction to the respondents to allot land in favour of the writ petitioner in lieu of compensation as per his option recorded in his letter dated 29.12.2008 (Annex. 7 to the writ petition) and to hand over the possession thereof within a time frame to be fixed by this Court.
(2.) I have heard Mr. M.C. Bhoot, learned Senior Counsel for the petitioner and Mr. O.P. Boob, learned counsel for the respondents. The facts in bare essentials are that the petitioner's agricultural land measuring 45.8 bighas in khasra No. 244 situated in Jaisalmer was acquired by the State Government for Union of India for defence purposes i.e. for establishment of K.P.L. unit under the provisions of the Rajasthan Land Acquisition Act, 1953 (for short, hereinafter referred to as "the Act"). Alongwith his land, that of late Bhanwarlal and Khusal Chand was also acquired. The possession of the land was taken over in the year 1979. The cases of the petitioner and these two persons alongwith that of Smt. Ganga Devi were thereafter referred by the District Collector, Jaisalmer to the State Government under section 31(3) of the Act vide letter No. 2201 dated 29.7.1982 to provide them land in lieu of plots acquired. As the issue remained pending since long, Bhanwarlal and Khusal Chand approached this Court with S.B. Civil Writ Petitions No. 5506/1993 and 5507/1993 and thereafter, the State Government vide its order dated 24.7.1997 accorded sanction for allotment of alternative land to both of them on the condition that they would withdraw the writ petitions. Though the writ petitions were accordingly withdrawn, the follow up steps were not taken. Instead, a portion of the land identified vide order/communication dated 24.7.1997 to be allotted to them was awarded to the Indian Oil Corporation Limited by the District Collector, Jaisalmer for which they instituted S.B. Civil Writ petition No. 1780/99.
(3.) SKIPPING over the intervening developments thereafter, which included withdrawal of the order/communication dated 24.7.1997 and restoration thereof, suffice it to state that by the judgment and order dated 19.11.2012, the writ petition No. 1780/99 was allowed and the State -respondents were directed to issue appropriate order allotting the land in favour of the petitioners as proposed vide sanction letter/order dated 24.7.1997 excluding the portion that stood allotted to the Indian Oil Corporation Limited and others in view of their (petitioners therein) waiver to that extent. It was recorded that the allotment of the land as directed would satisfy the claim of the petitioners therein for allotment of alternative land in lieu of their land acquired and that they would not be entitled to any further compensation whatsoever. An amount of Rs. 25,000/ - was imposed by way of cost to be paid by the State -respondents. Being aggrieved, the State preferred appeal being D.B. Special Appeal (Writ) No. 111/2013 which was vide judgment and order dated 16.5.2013 dismissed by a Division Bench of this Court, however interfering with the direction imposing cost.;