[2025:RJ-JP:47515]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9986/2019

1. Balram S/o. Late Shri Ram Charan, Aged About 64 Years, Resident Of Village Jhala Tala, Tehsil Weir, District, Bharatpur

2. Ramjeet S/o. Late Shri Ram Charan, Aged About 55 Years, Resident Of Village Jhala Tala, Tehsil Weir, District, Bharatpur

3. Jai Ram S/o. Late Shri Ram Charan, Aged About 44 Years, Resident Of Village Jhala Tala, Tehsil Weir, District, Bharatpur

4. Uday Ram S/o. Late Shri Ram Charan, Aged About 40 Years, Resident Of Village Jhala Tala, Tehsil Weir, District, Bharatpur

5. Smt. Dhanwanti W/o. Maharaj Singh Jogi, Aged About 45 Years All Resident Of Village Jhala Tala, Tehsil Weir, District, Bharatpur ----Petitioners Versus

1. National Highway Authority Of India, Through Chief General Manager (Technical), Regional Office, F-120, Janpath, Shyam Nagar, Jaipur, Rajasthan

2. Regional Manager National Highway Authority Of India, Regional Office, F-120, Janpath, Shyam Nagar, Jaipur, Rajasthan

3. Project Manager, National Highway Authority Of India, Project Implementation Unit 81, Ganga Vihar Colony, Behind Hotel Rawat Dausa, Rajasthan ----Respondents For Petitioner(s) : Mr. R.P. Garg For Respondent(s) : Mr. Sandeep Pathak with Mr. Arnav Singh HON'BLE MR. JUSTICE ANAND SHARMA

Order

24/11/2025

1. Petitioners have filed this writ petition for seeking a direction against the respondents to decide and pass appropriate orders in relation to land measuring 2058 square mtrs. situated at Village Jhala Tala, Tehsil Weir, District Bharatpur in Khasra No.844

862 523.

2. It is stated that pursuant to acquisition proceedings initiated by the Central Government for the project of lane expansion work of National Highway Authority of India for National Highway No.11 Mahuva, Bharatpur; one award dated 28.11.2007 was passed by the competent authority. Petitioners were having land measuring 3825 square mtr. at Village Jhala Tala in Khasra No. 844, 845 (Old Khasra No.806, 516-523), which was sought to be acquired. However, while granting compensation in pursuance of the said acquisition proceedings, no compensation whatsoever in respect of 2058 square mtrs. was given to the petitioners, whereas possession thereof has already been taken from the petitioners at the time of passing award.

3. Learned counsel for the petitioners indicated that on their representation, enquiry was made by the Revenue Authorities of the concerned area, which certified that possession of additional 2058 square mtrs. of land has been taken from the petitioners, however, payment of compensation is due. Learned counsel further submits that thus, without giving any compensation whatsoever to the petitioners, their land has been taken over by respondent-NHAI, which is totally illegal and arbitrary.

4. Learned counsel for the respondents submits that the award has been passed in accordance with notification issued under the provisions of the National Highways Act and compensation could have been granted only in respect of land, which was included in the notification.

5. However, it has not been disputed by learned counsel for the respondents, that compensation of additional land bearing

2058 square mtrs. has not been given to the petitioners.

6. Article 300A of the Constitution of India ensures guarantee to every citizen that he shall not be divested of his property without process of law. In the instant case, without carrying out any acquisition proceedings in respect of 2058 square mtrs., possession of the land has been taken by the respondent- NHAI, which is apparently arbitrary action on the part of the respondents.

7. However, in the light of the facts that the respondent- NHAI has been utilizing the said land for more than a decade and the petitioners are also interested in getting compensation against the said land, this Court deems it just and proper to direct the petitioners to submit their representation along with necessary documents to respondent No.3, who sha