Decided on May 15,2015

Fusa Ram Appellant
State of Rajasthan And Ors. Respondents


Sunil Ambwani, J. - (1.)WE have heard Mr. M.S. Godara, learned counsel appearing on behalf of the appellants and Mr. P.C. Sharma, learned counsel for the respondents.
(2.)THIS intra court appeal arises out of the judgment and order of the learned Single Judge dated 19th August, 2013 passed in connected writ petitions viz; SBCWP No. 137/2011 "Fusa Ram and ors. v. State of Rajasthan and ors."; SBCWP No. 8452/2008 "Vijay Raj Mehta v. State of Rajasthan and ors."; and SBCWP No. 7160/2011 "Nirmal Jeet Kaur and anr. v. State of Rajasthan and ors.", dismissing the writ petitions. The petitioners had challenged the proceedings of land acquisition under the Land Acquisition Act, 1894 (for short, "the Act") by the State Government for the Rajasthan Housing Board, of 400 bighas and 1 biswa in various Khasras of revenue village Kudi Bhagtasni, Tehsil Jodhpur, vide notification dated 13.6.1991 under Section 4(1) of the Act, whereby 1255 bighas 10 biswas agriculture land in the village was proposed to be acquired for a housing colony to be developed by the Rajasthan Housing Board. The notification under Sec. 6(1) of the Act was published in the Rajasthan Gazette on 14.8.1992 for acquisition of 400 bighas and 1 biswa of land fit for acquisition for public purposes. The award for compensation was passed on 6.8.1994 and the possession thereof was taken and handed over to the Rajasthan Housing Board on 11.4.2000. The compensation under the award was deposited by a cheque in the court of Civil Judge, Jodhpur on 11.4.2007.
(3.)THE petitioner Fusa Ram and nine others challenged the land acquisition proceedings vide Notification under Sec. 4(1) of the Act dated 16.6.1991, Notification u/s. 6(1) dated 14.8.1992 and award dated 6.8.1994 in SBCWP No. 137/2011 after a period of 17 years. They also prayed for a direction to the respondents to decide the representation and in the alternative, if acquisition is necessary in public interest, direct the respondents to award compensation etc. to the petitioners on the basis of present prevailing market rates and 25% developed and commercial land in a recognized scheme of the respondents to the petitioners.
The acquisition of land was challenged on the ground that the petitioners are in the peaceful possession of the ancestral agriculture land from which they cannot be dispossessed without following the due process of law. The acquisition is violative of Articles 14, 19(1)(g) and 21 of the Constitution of India. It was submitted that the acquisition of land recorded in Khasra Nos. 276, 451/276 and 452/276 belonging to the petitioners is illegal and grossly violative of principles of natural justice. The mandatory requirement of law about the publication, affixture and individual notices under Sec. 5A cannot be said to have been complied with in its true sense. Since last 16 -17 years, after initiation of acquisition proceedings, the Rajasthan Housing Board has not framed any scheme. The State as well as the Rajasthan Housing Board cannot sit tight over the matter for such a long time and that the very purpose of acquisition for want of implementation of the project is frustrated and the delay in implementation of the scheme is conclusive of colourable exercise of power in acquiring the land.


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