- (1.) The petitioner, by way of present petition, has challenged the acquisition proceedings initiated by the respondents in respect of plot No.98 out of Khasra No.395 situated at Village Jhai, Tehsil Sanganer, District Jaipur (hereinafter referred to as the 'said plot') and in alternative has prayed that the respondents be directed to give developed land i.e. 20% residential and 5% commercial in lieu of the acquisition of the said plot in the light of the Government Circular dated 27/10/2005.
(2.) As per the case of the petitioner, the petitioner had purchased the said plot bearing No.98 of the Khasra No.395, vide the registered sale deed on 3/7/1996 from the original khatedar Ram Karan through his power of attorney holder Shri Rakesh Kedia. According to the petitioner, the land acquisition proceedings were initiated by the State Government under the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act') for acquisition of certain lands including the said khasra No.395, for the development of Special Economic Zone, by issuing notification under Section 4 on 22/12/2005. Pursuant to the said notification, the petitioner had filed objections before the Land Acquisition Officer on 18/1/2006. The respondent Government thereafter had issued declaration under Section 6 of the said Act on 19/4/2006 in respect of the said land and thereafter had issued notices to the interested persons under Section 9(3) of the said Act on 19/2/2007. The Land Acquisition Officer thereafter passed the award in favour of the original khatedar and the other land owners on 3/8/2007. According to the petitioner, the petitioner being holder of the plot in question was entitled to get 20% developed residential land and 5% developed commercial land in lieu of the acquisition proceedings initiated in respect of the said plot, in view of the Government Circular dated 27/10/2005, however the petitioner was not given the benefit of the said circular, and therefore the petition has been filed.
(3.) It is sought to be submitted by the learned counsel Mr. Sanchit Tamra for the petitioner that pursuant to the notification issued under Section 4, the petitioner had submitted objections under Section 5A of the said Act, mentioning therein that he was in possession of the plot in question. According to him in the award also, the Land Acquisition Officer has mentioned that several objections were filed in respect of the Khasra No.395, which was part of acquisition, however the award was made only in favour of the original khatedars, without considering the interest of the petitioner. Mr. Tamra has relied upon the decision of Apex Court in case of Union of India (UOI) & Ors vs. Shiv Raj & Ors, 2014 6 SCC 564 to submit that the objections filed by the petitioner had not been considered by the statutory authorities in strict compliance of the principles of natural justice and therefore the acquisition proceedings had stood vitiated. He submitted that the new Act i.e. the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013'), having come into force, the petitioner was entitled to be paid the compensation, and his possession of the plot in question having not been taken by the respondents, the entire proceedings of acquisition had lapsed in view of Section 24(2) of the said Act of 2013. He has relied upon the decision of Apex Court in case of Karnail Kaur vs. State of Punjab, 2015 3 SCC 206 in this regard.;