S.RAVINDRA BHAT; C.J. - (1.) By the impugned order, the learned Single Judge allowed the writ petitions filed by the respondents/petitioners seeking directions to determine compensation for the petitioners and others in terms of the previous judgment of the Court in Dalit Manch of Bikaner v Union of India and Ors. (S.B. Civil Writ Petition No. 2233/1985 decided on 16.9.1991).
(2.) The petitioners filed these proceedings under Article 226 of the Constitution, before the court alleging that they approached the Land Acquisition Officer, Bikaner in 1997-98, pursuant to the judgment in Dalit Manch (supra). On 6.6.2003, the District Collector by a letter stated that since the records were not available for verification, the compensation could not be granted. A similar letter was written by the Tehsildar too. The writ petitioners alleged that their lands along with the lands of others were acquired by the State of Rajasthan for use by the Union Ministry of Defence i.e. for Military and Air Force purposes. The allegation levelled was that no proceedings under the Land Acquisition Act were initiated and that the land in the area in and around village Udasar and Anoopsagar of Bikaner were forcibly taken away and occupied in 1983. This action by the respondents, especially the State, became the subject matter of proceedings in Dalit Manch (supra). The Court in Dalit Manch (supra) was of the opinion that the Central Government action in taking over possession of lands without paying compensation was contrary to law.
(3.) It was submitted that the benefits of the judgment in Dalit Manch (supra) were not confined to individuals and the writ petitioners who approached the Court, but also to others situated in identical circumstances. The Court in Dalit Manch (supra) had observed as follows:- "However, it is now the military land which stands acquired and the same is also being used for cantonment areas, therefore, whether the proceedings under the Rajasthan Land Acquisition were followed or not, the acquisition is now complete and a fate accomplice. Therefore, no useful purpose would be served by directing the respondents to follow the proceedings under the Rajasthan Land Acquisition for the purpose of acquisition. The question remains only with regard to compensation to be paid to the members of the petitioners organisation. Therefore, I direct the respondents Nos. 2 to 4 to decide the question of compensation which may be payable to each of the persons whose land had been taken for the purpose of cantonment area, particularly the persons whose names have been mentioned in Annexure-2 and looking to the quality of land and other considerations, the compensation which may be payable to each of them may be determined and may be paid out of the amount which the State Government has already received from the Central Government. For this purpose, the concerned persons, members of the petitioner organisation or any other persons who were entitled to get the compensation or did not accept the alternative land will file their claims before the concerned authorities within a period of two months from the date the copy of the order is made available to the concerned authorities by the claimants and thereafter within a period of four months the claims shall be decided and the amount of compensation shall be determined in accordance with extent law and paid to such claimants. This writ petition is accordingly allowed in the manner indicated above, with no order as to costs." ;