[2026:RJ-JP:9051-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No. 658/2010 In S.B. Civil Writ Petition No.3857/2003 Jaipur Development Authority Through Secretary Jaipur Development Authority, Ram Kishore Vyas Bhawan, Indira Circle, Jawahar Lal Nehru Marg, Jaipur ----Appellant-Respondent Versus

1. Sai Darshan Hotels And Motels Private Limited, D-169, Malviya Nagar, Jaipur-302017 Through Its Director ------Respondent-Petitioner

2. State Of Rajasthan Through Secretary, Urban Development And Housing Department, Government Of Rajasthan, Government Secretariat, Jaipur ----Proforma Respondent For Appellant : Mr. Amit Kuri with Mr. Ayush Sharma, Mr. Dharma Ram and Ms. Nandini Mirdha For Respondents : Mr. Rajendra Prasad, Adv. General assisted by Mr. Sheetanshu Sharma and Ms. Dhriti Laddha Mr. Ajit Kumar Sharma, Senior Advocate assisted by Mr. Namo Narayan Sharma, Mr. Abhishek Kaushik, Ms. Khusboo Rathore, Mr. Rachit Sharma and Mr. Madhav Dadhich HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SANGEETA SHARMA

Judgment

Date of conclusion of Arguments : 3^rd February 2026 Date on which judgment was reserved : 3^rd February 2026 Whether the full judgment or only the operative part is pronounced : Full judgment Date of pronouncement : 16th March, 2026 (Per Hon’ble the Acting Chief Justice)

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 1