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2022 Supreme(Raj) 177

AKIL KURESHI, MADAN GOPAL VYAS
Susila Kankariya W/o Mahaveer Kankariya – Appellant
Versus
State of Rajasthan Through The Secretary, The Revenue Department (Group-6) – Respondent


Advocate Appeared:
For the Petitioner: Mr. Pradeep Swami appellant(s), through V.C.
For the Respondent:Mr. Sunil Beniwal, AAG with through V.C. Mr. Saransh Vij Mr. Manish Vyas, AAG, Mr. Bhanu Pratap Bohra, Mr. Sanjeet Purohit, Mr. Sushil Bishnoi, Advocates.

JUDGMENT :

Akil Kureshi, J.

1. The challenge in this group of cases is to the manner of determination and quantum of compensation awarded to the land users under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013'). There are different flavours to this challenge, which may be noticed from the respective lead proceedings.

2. In case of Susila Kankariya v. State of Rajasthan and Others (D.B. Civil Writ Petition No.5916/2021), the petitioner has challenged a portion of the notification dated 14.06.2016 issued by the State Government under which all the areas falling within the Jodhpur Development Authority (hereinafter referred to as 'JDA') are to be considered as urban areas for the purpose of determination of compensation under the Act of 2013.

The petitioner is owner of the agricultural land bearing khasra No.72 and 72/5 of village Doliya, Tehsil Jodhpur. The village falls within the JDA area. The competent authority under Section 3A of the National Highways Act, 1956 ('Act of 1

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