Judgment

Reserved on ::: May 6^th 2022

Pronounced on ::: May 20^th,2022

Reportable

(Per:Anoop Kumar Dhand,J.)

1. “Equals should be treated equally and unequals unequally.”

-Aristotle

2. The most fundamental principle of justice which has been widely accepted since it was defined by Aristotle more than two thousand years ago. This principle says that “Individuals should be treated the same, unless they differ in ways that are relevant to the situation in which they are involved.

3. It is well settled principle of justice that equals cannot be treated unequally and the unequals cannot be treated equally. Treating of equals as unequals would offend the doctrine of equality enshrined under Article 14 of the Constitution of India and that is the core issue involved in this appeal.

4. This intra-court appeal is directed against the judgment dated 28.09.2020 passed by learned Single Judge by which the writ petition submitted by the appellant-Jaipur Development Authority (for short ‘JDA’) assailing the legality of the judgment dated 17.01.2018 passed by the Appellate Tribunal, Jaipur Development Authority, Jaipur, has been rejected.

5. Facts in brief of the case are that the land of the respondents and others situated at Village Niwaroo Mansa Rampura, Boyatawala and Benad was acquired by the State for the purpose of Army for its ‘Field Firing Range’ under the Rajasthan Land Acquisition Act, 1953 (for short ‘the Act of 1953’) and a Notification under section 4 was issued on 8.5.1981. The agricultural land measuring 1368 bigha 13 biswa was acquired in the above revenue villages. After hearing the objections, the Land Acquisition Officer passed an award on 26.03.1983 pertaining to the land belonged to the respondents along-with other khatedars. The possession of the land was taken and handed over to the Military in lieu of monetary compensation. On 13.12.2001, the Government of Rajasthan issued a Circular by which the State offered 15% developed land to the persons whose land has been acquired. For getting the 15% developed plot at Vidhyadhar Nagar, one Chhotu Ram and the respondents submitted an application on 26.01.2002.

6. Without considering the application of Chhotu Ram and the appellants for allotment of 15% developed plots at Vidhyadhar Nagar, the JDA issued a notice on 17.05.2003 for auction of certain lands at Vidhyadhar Nagar Scheme for Group Housing purpose. The said action of JDA was challenged by the said Chhotu Ram before the JDA Tribunal for restraining JDA to auction these lands. The JDA Tribunal allowed the appeal on 18.10.2005 and quashed the auction notice and passed orders for allotment of 15% developed land at Vidhyadhar Nagar. Against the Judgment of JDA Tribunal, the JDA submitted S.B. Civil Writ Petition No.539/2009 but the same was dismissed on 11.01.2010. Against which the JDA submitted D.B. Special Appeal (Writ) No.276/2010 and the same was allowed on 12.8.2011 and the Division Bench quashed the judgment passed by the JDA Tribunal and the Single Bench.

7. The Judgment dated 12.8.2011 of the Division Bench was challenged by Lala Ram, Chhotu Ram and others before the Hon’ble Supreme Court of India by way of filing Civil Appeals No.13940-13944/2015 and all these appeals were allowed by the Hon’ble Supreme Court by observing and issuing the following directions in para Nos. 153, 154, 155 as under:-

“153. In the overall view of the matter, we are of the confirmed opinion, that in the singular facts and circumstances of the case and for the sake of complete justice, the appellants are entitled to be allotted their quota of 15% developed land in the terms of policy/circular dated 13.12.2001 in one or more available plots at Vidyadhar Nagar, Gokul Nagar, Truck Terminal and Vaishali Nagar as enumerated by them in their affidavit dated 17.8.2015. The respondents are hereby directed to accommodate them accordingly.

154. In the wake up of above, the appeals are allowed. The impugned judgment and order is set- aside. The respondents would