Ajay Rastogi, J. - (1.) Instant petition has been filed by Khatedar & seller of his half share (24 bighas & 8 biswa) in agricultural land bearing Khasra Nos.201 & 202 measuring total 48 bighas 16 biswa situated in village Khatipura Beed, Tehsil/District Jaipur, seeking mandamus against respondent No.3 (Land Acquisition Officer, JDA) to refer the dispute to Civil Court arising out of Award dt.26/06/89 (Ann.1).
(2.) Notification Under section 52(2) of Rajasthan Urban Improvement Act, 1959 ("UI Act") was issued and published in official gazette dt.10/10/79 intending to acquire agricultural land situated in village Khatipura Beed including land alleged to be share of petitioner in Khasra NO.201 & 202 measuring 24 bighas 8 biswa. It was followed by notification dt.20/04/84 Under section 52(1) declaring the acquired land being needed for public purposes; and being vested in State Government. Thereafter notice dt.21/04/87 (Ann.R.5/3) Under Section 9 & 10 of the Land Acquisition Act, 1984 ("LA Act") was issued to Khatedar (petitioner) by respondent-3 (LAO) for submitting claim for determination of compensation; and after considering respective claims and objections filed by "persons interested", Award dt. 26/06/89 (Ann.1) was passed putting condition that payment of compensation would be made only after production of title over the acquired land in dispute. Petitioner alongwith Hathroi Girh Nirman Sahkari Samiti filed CWP-2434/92 before this Court assailing Award dt.26/06/89 (Ann.1) and prayed for inter-alia ad infra: (i) The impugned orders dt.26/02/89 may kindly be quashed and it may kindly be declared that whole of the acquisition proceedings of petitioner's land based on aforesaid notification have lapsed under the provisions of section 1-A of the Land Acquisition Act, 1984; (ii) the non-petitioners may kindly be directed to regularise the aforesaid scheme of the petitioners society in accordance with law; or alternatively, the scheme of petitioner society may kindly be regularised in accordance with provisions of the order dt. 31/01/1990 and if at all necessary by de-acquiring the aforesaid land." In CWP-2434/92, it had been pleaded by petitioner in para 2 that the housing society approached the petitioner for purchase of land for its purpose and after negotiations, an agreement was entered into between the society & petitioner-khatedar of land in dispute on 11/05/80, whereby it was agreed to sell the land bearing Khasra NO.201 & 202 measuring 24 bighas 8 biswas situated in village Khatipura beed (Jaipur) for a consideration of Rs. 75,000/- per bigha and possession whereof was also handed over to the housing society.
(3.) It was also pleaded in para 13 of CWP- 2434/92 inter-alia that petitioner Society after taking possession of the land chalked out plan of housing scheme dividing it into 347 plots; and allotted the plots to its members who accordingly are in possession whereof. CWP- 2434/92 came to be dismissed on 27/08/97 for want of prosecution.;