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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Jhamku Devi – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
SANDEEP SHAH, J.
1. The petitioners have filed the present writ petitions essentially challenging the amount of compensation awarded to them vide order dated 10.03.2015 as also praying for compliance of Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (herein after referred to as “Act of 2013”) and also with the prayer to redetermine the amount of the award as per the market value as given to adjoining agricultural land situated adjoining to the land of the petitioners. For sake of convenience the prayer made in S.B. Civil Writ Petition No. 4885/2018 is reproduced as under:-
“It is, therefore, most respectfully prayed on behalf of the petitioner that the writ petition may kindly be allowed and by an appropriate writ, order or direction:-
(A) The respondents may kindly be directed to comply with the Section 26 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(B) The respondents may by directed to redetermine the award of the petitioner by applying the marked value as given to land owners of adjoining agricultural lands situated adjoining to
The existence of alternative remedies under the Right to Fair Compensation and Transparency in Land Acquisition Act precludes the exercise of extraordinary jurisdiction by the High Court.
Proper compensation assessment procedures under Section 64 of the 2013 Act must be followed, allowing the authority to consider referral and potential delays for justifiable reasons.
The court affirmed that disputes regarding compensation inadequacy must be referred to the appropriate authority under the Act, underscoring the Collector's duty to comply with statutory timelines.
Acquisition of land – Where no award under Section 11 of Act of 1894 has been made, then, all provisions of new Act of 2013 relating to determination of compensation would apply.
The court held that delay in seeking re-determination of compensation barred the petitioners' claims, emphasizing that executive guidelines cannot override statutory provisions.
The Reference Court in land acquisition matters lacks the authority to set aside a Collector's award and remand for fresh determination, functioning instead to affirm or enhance the award according t....
The Collector must adjudicate claims under the Right to Fair Compensation and Transparency in Land Acquisition Act before referring matters for enhancement, ensuring all procedural requirements are m....
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