VIRENDRA SINGH Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2014-10-31
HIGH COURT OF RAJASTHAN
Decided on October 29,2014

VIRENDRA SINGH Appellant
VERSUS
STATE OF RAJASTHAN Respondents




JUDGEMENT

Sunil Ambwani, Actg. C.J. - (1.)WE have heard Mr. Anil Mehta, learned counsel appearing for the appellants/petitioners. Mr. Rajendra Prasad, Additional Advocate General, appears for the State-respondents, and the Jaipur Development Authority.
(2.)THIS intra-Court Special Appeal arises out of an order passed by learned Single Judge in a batch of writ petitions, with S.B. Civil Writ Petition No. 9126/2014-Virendra Singh & Ors. Vs. State of Rajasthan & Ors., as a leading case, by which, she was of the opinion that the appellants/petitioners have failed to establish any prima -facie case for the grant of interim relief, and the balance of convenience tilts in favour of the respondents; the petitioners can be compensated in terms of money as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, 'the Act of 2013'), if they ultimately succeed in the petition. Learned Single Judge observing that if the interim relief is granted, it would cause an irreparable loss to the respondents, and the public at large, dismissed all the stay applications vide her order dated 24.09.2014. Thereafter by a separate order, after noticing the appearance of Mr. Rajendra Prasad, AAG, on behalf of the respondent No. 2, and waiving service of notice on the respondent Nos. 1, 3 and 4, she directed all the petitions to be listed for final hearing in the third week of November, 2014.
Learned counsel appearing for the appellants submits that the land acquisition proceedings, in so far as the appellant/petitioners are concerned, initiated by the Notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the old Act of 1894'), dated 18.07.2005, and the Notification under Section 6, dated 05.08.2006, after making enquiry under Section 5A of the old Act of 1894, have lapsed under sub-section (2) of Section 24 of the Act of 2013, as admittedly possession of the land held by the appellants/petitioners has not been taken. Though the Award was made under Section 11 of the old Act of 1894, on 11.09.2008, since the amount of compensation was deposited in the civil Court on 22.08.2014, the proceedings for acquisition of land are deemed to have lapsed. He has relied upon the judgments of the Apex Court in Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors., : (2014) 3 SCC 183, and Sree Balaji Nagar Residential Association Vs. State of Tamil Nadu, : 2014(10) Scale 388, in which the Supreme Court has interpreted the statutory provisions of sub-section (2) of Section 24 of the Act of 2013. It is submitted that learned Single Judge has grossly erred in law even after noticing the judgments of the Apex Court in Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki and Ors. (supra), and Sree Balaji Nagar Residential Association Vs. State of Tamil Nadu (supra), to hold that since in the instant case, about 95% of the land owners of the land covered under the Notification under Section 4 of the Act, have already surrendered/handed over the possession of their lands voluntarily, and received the compensation, either in cash, or in terms of developed land, the disputed lands of the petitioners, comprising of an area of only 78.5593 hectares, out of the total area of 1578.958 hectares, under acquisition, spread over 47 villages, will stall the entire project of Ring Road and the Corridor, if the interim relief is granted.

(3.)BRIEF facts giving raise to this Special Appeal, are that the State Government of Rajasthan issued a Notification under Section 4 of the old Act of 1894 on 18.07.2005, for acquisition of 1578.958 hectares of land for Ring Road and development corridor, spread over 47 villages from Ajmer Road to Tonk Road, to ease the congestion of traffic in the City of Jaipur, and to provide for a development corridor on both sides of the road, to avoid haphazard development in corridor, spread over 135 mtrs. on each side of 90 mtrs. wide Ring Road. The objections invited under Section 5A of the old Act of 1894, were disposed of by the State Government, after which the Notification under Section 6 was issued on 05.08.2006. Thereafter, notices under Section 9(1) of the old Act of 1894 were issued, and finally village-wise awards (47 in number) were passed by the Special Land Acquisition Officer, and were approved by the State Government in the year 2008 and 2009. The Award in respect of the land of the appellants/petitioners, was made on 11.09.2008. In some of the petitions, the Award was made in July, 2008.
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