SANDEEP MEHTA,J. - (1.) Heard
(2.) The petitioners herein own Khatedari lands in Khasra Nos.200, 202, 200/1, 201 and 198/1 of Village Dantiwara. The State Government issued a notification dated 13.06.2007 under section 4(1) of the Land Acquisition Act, 1894 for acquiring 299 bighas 10 biswas land including those owned by the petitioners for commissioning Regional Water Supply Scheme to 119 villages and 2 towns from Manaklao to Dantiwada. Under the project, water reservoir, filter plant, diggi, pump house etc. were to be constructed so that water could be drawn and distributed among the listed villages and towns from the Rajiv Gandhi Lift Canal. The Assistant Engineer, PHED, Sub-Division Pipar City wrote a letter dated 07.03.2008 to the Sub-Division Officer - cum - Land Acquisition Officer, Jodhpur intimating that the land comprised of Khasra Nos.200/1, 201, 202 and 200 are far distant and would not be useful to the Department for materialising the project and thus, the same may be released from acquisition. The Executive Engineer also wrote a similar letter dated 07.03.2008 to the SDO- cum-LAO suggesting that the lands of the petitioners were not suitable for the project and may be released from acquisition. The Land Acquisition Officer wrote a letter to the Tehsildar, Jodhpur on 14.03.2008 to make enquiry and forward his report in reference to the letter dated 07.03.2008 forwarded by the Executive Engineer. The Tehsildar submitted his enquiry report dated 20.03.2008 opining that the lands of the petitioners under acquisition were located at a significant distance from the project area and a proposal was made to acquire alternate parcels of lands from Khasra Nos.326, 325, 327, 328 to 345 and 310 of the Village Dantiwada. The Tehsildar also expressed an opinion that the recommendation of the PHED officials to release the petitioners' Khasras from acquisition was well-founded. The SDO in turn, forwarded these reports to the District Collector, Jodhpur by letter dated 15.04.2008. Thereafter, the Land Acquisition Officer forwarded a proposal to the State Government if form of a tender award dated 20.05.2008 (Annex.4) suggesting release of the petitioners' lands from acquisition and for replacing them by other suitable lands. Another letter dated 03.11.2008 (Annex.5) was forwarded by the Land Acquisition Officer to the District Collector, Jodhpur to release the lands of Khasra Nos.200, 200/1, 201 and 202 from acquisition. The Collector in turn, wrote a letter dated 08.03.2009 (Annex.6) to the Deputy Secretary (II), PHED, requesting issuance of an amended notification for releasing lands of Khasra Nos.200, 200/1, 201, 202 from acquisition. The petitioners claim that proceedings for releasing/de acquiring their lands were pending before State Government well before passing of the tender award dated 20.05.2009 and the final award dated 18.12.2009. Possession of their lands was never taken by the PHED nor was any compensation paid to them in lieu of acquisition. Even in the final award dated 18.12.2009, it was recorded that proceedings for de-acquisition of the lands of Khasra Nos.200, 200/1, 201, 202 had been approved by the Deputy Secretary, PHED on 03.10.2010 and none of the Khasras owned by the petitioners were subjected to acquisition finally. Thereafter the Land Acquisition Officer wrote a letter dated 11.05.2010 (Annex.8) to the Executive Engineer asking him to submit cheques of compensation in the name of the Khatedars, as per the final award. It was specifically mentioned in this letter that cheques of compensation shall not be prepared for Khatedars of Khasra Nos.200, 200/1, 201, 202 and 198/1 because the proceedings of de-acquisition were pending before the State Government regarding these lands. Thereafter an amended final award was passed by the Land Acquisition Officer on 20.07.2011, whereby the rate of compensation payable to the Khatedars, whose lands were finally acquired, was enhanced. The petitioners' lands were not included in this amended final award as well. Till date, Revenue entries of these lands continue to be recorded in the name of the petitioners. One Mr. Om Prakash, who was bent upon to purchase the lands of the petitioners' and was not successful because of their reluctance, filed an application to the Additional District Collector, who passed an order dated 18.06.2013, whereunder mutation of the petitioners' lands was ordered to be transferred in the name of PHED. The petitioners challenged this order of the Additional Collector by filing an appeal before the District Collector, who dismissed the same by order dated 29.07.2013. The second appeal preferred by the petitioners before the Divisional Commissioner, Jodhpur was partly allowed by judgment dated 06.11.2013 and the order dated 18.06.2013 passed by the Additional Collector directing mutation of the petitioners' lands in favour of the PHED was set aside. The Chief Engineer, PHED wrote another letter dated 18.03.2016 to the Deputy Secretary, PHED mentioning therein that the Khatedari lands owned by the petitioners are far away from the proposed scheme areas and the project has already been completed and sufficient land is available for future expansion within the acquired area. However, the Deputy Secretary, PHED, Government of Rajasthan refused to release the lands of the petitioners by letter dated 24.11.2016 (Annex.17), whereupon the petitioners have approached this court by way of this writ petition seeking a direction to the respondents to release their lands from acquisition.
(3.) In reply filed by the respondents, the order passed by the Deputy Secretary has been supported claiming that the entire process of acquisition has been completed. The specific assertion made by the petitioners that the project has been completed and boundary walls have also been constructed around the works is admitted. The pertinent averment made by the petitioners in the writ petition that possession of their Khatedari lands under acquisition was neither taken by the PHED and that they have not been paid any compensation, have not been denied by the respondents in their reply to the writ petition.;