SHIMBHU RAM SON OF JAGMAL RAM Vs. RAJ. HOUSING BOARD THROUGH ITS CHAIRMAN
LAWS(RAJ)-2017-5-110
HIGH COURT OF RAJASTHAN
Decided on May 03,2017

Shimbhu Ram Son Of Jagmal Ram Appellant
VERSUS
Raj. Housing Board Through Its Chairman Respondents




JUDGEMENT

ARUN BHANSALI,J. - (1.)This writ petition was filed by the petitioners inter alia claiming following reliefs:
"(i) the writ petition may kindly be allowed with costs.

(ii) set aside the notification dated 23.3.89 (Annex.1) issued u/s (1) (2) of the Land Acquisition Act, 1894 (Central act) and set aside the award dated 19.6.1989 given under Section 11 (2) of the Land Acquisition Act, 1894 (Central Act) passed by the Special Officer, Urban Development and Housing Rajasthan Housing Board, Jaipur.

(iii) or in alternative the respondent Housing Board may be directed to implement the award and allot 1 bigha of converted land and market price of remaining land.

(iv) or in alternative, the respondent Housing Board be directed to implement the Government circular dated 27.10.2005 and allot 20% of residentially converted land and 5% of commercial land to the petitioners against their claim of compensation in lieu of their land measuring about 12 bighas acquired in pursuance of notification Annex.1."

(2.)It was inter alia indicated in the writ petition that Notification under Section 4(1) of the Land Acquisition Act, 1894 ('the Act, 1894') was published on 23/3/1989, the land in dispute was purchased by the petitioner vide sale deed dated 21/11/1984 and 24/2/1989 ad measuring 11 bigha 07 biswa comprised in khasra no. 106, 118 and 119 in village Kudi Bhagtasani, Jodhpur. The award was passed by the Land Acquisition Officer on 19/6/1989, though the lands stood transferred to the petitioners, the award was passed in the name of predecessor in interest i.e. Bansi Lal. Where after, a circular dated 27/10/2005 was issued providing that instead of 15% of residentially developed land offered earlier, 20% of residential land and 5% commercial land in lieu of the acquisition would be provided and on account of the dispute regarding the applicability of the circular dated 27/10/2005, the present petition was filed seeking the above quoted reliefs.
(3.)The respondent Housing Board disputed the averments made in the writ petition by filing their reply.
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