JUDGMENT :

SANJEEV PRAKASH SHARMA, CJ.

1. The present special appeal has a chequered history. The brief facts need to be noticed are that The Jaipur Development Authority (for short, "JDA") has preferred this special appeal challenging the order passed by the learned Single Judge dated 06.08.2009 whereby he allowed the writ petition and quashed the order dated 23.06.2009.

2. Before further going into the aspect regarding the aforesaid impugned judgment of the Single Bench, it would be appropriate to notice certain events which are pertinent for deciding the case.

3. On 21.08.1969, a notification was issued by the State under Section 4 of the Rajasthan Land Acquisition Act, 1953 (for short, "the Act of 1953") for acquiring the lands. On 02.08.1971, the land acquisition officer recommended acquisition of the land and after enquiry under Section 5A of the Act, on 12.04.1973, Section 6 notification was published acquiring land measuring 23 Bigha 16.5 Biswa in Khasra Nos. 35 to 43, 43/222, 43/223 and 43/224 in village Chainpura Tehsil Sanganer. Final award was passed by the land acquisition officer on 09.04.1981 awarding a sum of Rs.1,38,180/- each in favour of the Khatedars namely Adyodhya Prasad and Shri Daulat Babu sons of Shri Kashi Prasad Tiwari, who was the original Khatedar of the land in question. On 04.05.1981, the predecessor of JDA i.e. UIT sent a cheque of Rs.2,76,360/- to the land acquisition officer.

4. A reference was made to enhance the compensation to the Civil Court on 06.06.1981 under Section 18 of the Act. However, the enhanced compensation was not deposited. On 22.10.1983, possession of the land was taken by the JDA, after it came into existence vide notification dated 12.09.1982.

5. The Khatedars also challenged the notification under Section 6 of the Act of 1953 before the High Court but the same was dismissed by the learned Single Judge. Special Appeals were filed but the same were also dismissed. Thereafter, SLP was preferred by the Khatedars before the Hon’ble Supreme Court challenging the notification but the same was also dismissed by common order dated 29.08.1983. The widow of the original Khatedar Smt. Savitri Devi had executed a sale deed with regard to the same property with one Hathroi Grah Nirman Sahkari Samiti on 05.07.1973. Hathroi Grah Nirman Sahkari Samiti submitted a writ petition being S.B. Civil Writ Petition No. 2090/1987 challenging the notification under Section 4 of the Act of 1953 which was dismissed by the High Court vide order dated 29.08.1996. Against the said judgment, D.B. Special Appeal was preferred, which too was dismissed on 16.09.1996. Thereafter, one Udit Gopal Beri and 10 other persons, who were members of the Society, filed writ petition being S.B. Civil Writ Petition No.95/1997 and the same came to be dismissed by this Court vide judgment dated 05.09.2000. Other members also filed writ petition being S.B. Civil Writ Petition No. 2222/1999 [Pramila Kumari and Ors. Vs. State of Rajasthan and Ors.] and S.B. Civil Writ Petition No. 2225/1999 [Smt. Anupama Agrawal and Ors. Vs. State of Rajasthan and Ors.] and the same were dismissed by the Single Bench on 29.10.2001. The plea for regularization was raised but the same was also rejected. The petitioner company came up and filed the petition before this Court stating that it had acquired the rights of the land through the assignees of the Khatedars and submitted two applications on 29.03.2003 and 01.05.2003 to the State Government for securing allotment of 15% developed land in lieu of surrender of the land.

6. It is pertinent to note that the State Government, in view of the policy decision taken, issued a circular dated 13.12.2001 and issued directions to the effect that allotment of 15% developed land be made in lieu of monetary compensation for the land which had been surrendered under acquisition. In view of the said circular, the petitioner had submitted aforesaid applications dated 29.03.2003 and 01.05.2003.

7. However, when the f