JAWALUDDIN AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-2016-1-43
HIGH COURT OF RAJASTHAN
Decided on January 22,2016

Jawaluddin And Ors. Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

Bela M. Trivedi, J. - (1.) All these petitioners in their respective petitions have challenged the Land Acquisition Proceedings initiated by the respondents in respect of their respective lands under the provisions contained in Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894') and have prayed that the said proceedings have lapsed in view of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the Act of 2013'). The petitioners have also prayed that the respondent No. 2 i.e. the Land Acquisition Officer may not proceed with the proceedings before the Civil Judge, (Senior Division), Ajmer in their respective land acquisition cases.
(2.) At the outset, the learned counsels for the respondents have drawn the attention of the Court that all the petitioners had earlier filed the petitions, challenging the land acquisition proceedings and seeking directions against the respondents that the notification under Sec. 4, declaration under Sec. 6, and the award made under Sec. 11 be quashed and set aside, being contrary to the provisions of the Act of 1894. The petitioners in the said petitions had also prayed to direct the respondents to give 25% developed land (20% residential purpose and 5% commercial purpose) in lieu of lands sought to be acquired. The learned counsels for the respondents have also drawn the attention of the Court that the petitioners have suppressed the material facts of filing the earlier petitions by not mentioning the same in the present petition.
(3.) On such submissions being made by the learned counsels for the respondents, the Court had called for the original files of the petitions filed by the petitioners earlier. The details thereof are as under: - - JUDGEMENT_43_LAWS(RAJ)1_2016.jpg;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.