HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 1688/2001

Gyarsi Lal Sharma (Since deceased) through L.Rs.

1/1 Pandit Bal Shanker

1/2 Pandit Shiv Shanker Sharma

Both Sons of Lat Pandit Gyarsi Lal Sharma, resident of Plot No.

388, Ram Bhawan, Gatore Road, Brahmpuri.

----Appellants

Versus

1. State Of Rajasthan

2. The District Collector, through the Land Acquisition Officer,

Jaipur

3. The National Thermal Power Corporation Ltd. Near 400 KV Sub

Station, Village Damodarpura, at present Office at Jawahar

Nagar, Jaipur.

4. Power Grade Corporation of India.

----Respondents

Connected With

S.B. Civil Miscellaneous Appeal No. 1511/2000

The National Thermal Power Corporation Ltd. now known as

Power Grid Corporation of India Limited through Dy. General

Manager, 400 KV Sub Station, Damodarpura, Bassi, Jaipur

----Appellant

Versus

1. Gyarsilal S/o Shri Devilal, Brahman (since deceased) now

represented through:-

1/1 Pandit Bal Shanker S/o Late Gyarsi Lal.

1/2 Pandit Shiv Shanker Sharma S/o Late Gyarsi Lal.

Both resident of Damodarpura, Tehsil Bassi, District Jaipur.

2. The State of Rajasthan through Secretary, Deptt. Of Power

and Energy, Govt. of Rajasthan, Secretrate, Jaipur.

3. The Collector Jaipur

----Respondent

For Appellant(s)

:

Mr. Hemant Gupta with Mr. Ashir

Gauri

For Respondent(s)

:

Mr. A.K. Bhandari, Sr. Advocate with

Mr. Vaibhav Bhargava and Mr. Vikrant

Singh

(2 of 9)

[CMA-1688/2001]

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

07/09/2022

Both the misc. appeals arise out of the common judgment

and award, hence the same are being decided together.

Both the misc. appeals have been filed by the appellants

claimants (for short ‘the appellants’) under Section 54 of the

Rajasthan Land Acquisition Act, 1953 against the order dated

24.07.1999 passed by the learned Civil Judge (Senior Division)

Jaipur District, Jaipur in reference case No. 1/87 whereby the

reference of the claimants was accepted and the amount of

compensation was enhanced.

Facts of this case in brief are that a Notification under Section

4(1) of the Rajasthan Land Revenue Act, 1953 came to be issued

on 30.04.1985 inter alia for acquisition of the land measuring 207

bigha and 17 biswa situtated at Village Damodarpura, Bhankri

including the land of the Khatedar-Girdhari Lal. Thereafter, a

survey report was summoned from the Tehsildar Bassi and

subsequently a notification under Section 6 and 17 (4) of the

Rajasthan Land Acquisition, Act of 1953 was issued and the

possession of the land was taken.

After acquisition of the land, the Land Acquisition Officer

passed an award on 17.03.1986 and determined the compensation

of Rs. 10,000/- per bigha for chahi land (irrigated land) and Rs.

9000/- per bigha for barani land (non-irrigated land). The

appellant-Gyarsi Lal was not satisfied with the amount so

determined by the Land Acquisition Officer, hence, he submitted a

Reference under Section 18 of the Rajasthan Land Acquisition Act

(3 of 9)

[CMA-1688/2001]

of 1953 before the Court of learned Civil Judge (Senior Division)

Jaipur District, Jaipur (for short ‘the Civil Court’). The said

reference was partly allowed by the Civil Court vide judgment

dated 24.07.1999 after hearing the arguments of both sides and it

was held that the appellants would be entitled to get compensation

@ of Rs. 15,000/- per bigha for ‘chahi land’ (irrigated land) and

Rs. 14,000/- for ‘barani land’ (non-irrigated land) and apart from

the above compensation for the trees was also ordered to be given

and a cost of Rs. 2000/- was imposed upon the respondents.

Feeling aggrieved and dissatisfied by the reference order

dated 24.07.1999, passed by the Civil Court, the instant appeals

have been preferred by the Khatedar as well as by the National

Thermal Power Corporation Ltd. (for short, ‘NTPC’). Counsel