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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH, JAIPUR

:: J U D G M E N T ::

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.276/2010

Jaipur Development Authority

Vs.

Lalaram & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.174/2005

Jaipur Development Authority

VS.

Shri Chotu Ram & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.586/2010

Jaipur Development Authority

Vs.

Madan Lal & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.587/2010

Jaipur Development Authority & Anr.

Vs.

Kana & Anr.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.588/2010

Jaipur Development Authority & Anr.

Vs.

Madan Lal & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.589/2010

Jaipur Development Authority

Vs.

Kana & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.590/2010

Jaipur Development Authority

Vs.

Smt. Rukmani Devi & Ors.

D.B. CIVIL SPECIAL APPEAL (WRIT) NO.591/2010

Jaipur Development Authority & Anr.

Vs.

Smt. Rukmani Devi & Ors.

Date of Order :

12.08.2011

HON’BLE THE CHIEF JUSTICE MR.ARUN MISHRA

HON’BLE MISS JUSTICE BELA MADHURYA TRIVEDI

Mr. G.S. Bapna, Advocate General with

Mr. V.Garg,

Mr. R.N. Mathur, Senior Advocate with

Mr. Sanchit Tamra,

Mr. Dinesh Yadav for the appellants.

Mr. G.K. Garg, Senior Advocate with

Mr. Saransh Saini,

Mr. A.K. Sharma, Senior Advocate with

Mr. V.K. Sharma,

Mr. Kamlakar Sharma, Senior Advocate with

Ms. Alankrita Sharma for the respondents.

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The intra court appeals have been preferred by

the Jaipur Development Authority (hereinafter referred

to as ‘the JDA’) aggrieved by the order passed by the

JDA Appellate Tribunal (hereinafter referred to as

‘the Tribunal’) and the orders passed by the Single

Bench dismissing the writ applications No.539/2009,

114/2004, 10420/2009, 766/2009, 764/2009, 15305/2009,

15306/2009 and 765/2009 vide orders dated 11.1.2010,

4.1.2005, 15.3.2010 respectively.

Facts in short are that the land of the

respondents situated at Boytawala, District of Jaipur

was acquired for which notification was issued under

Section 4(1) of the Rajasthan Land Acquisition Act,

1953 (hereinafter referred to as ‘the Act of 1953’)

way back on 8.5.1981. Award was passed by the Land

Acquisition Officer on 26.3.1983. The land was

acquired for the purpose of Army for its Field Firing

Range. Possession was taken on 26.3.1983. Compensation

was awarded by the Land Acquisition Officer @

Rs.1500/- per bigha. Reference was sought by the

claimants before the civil court and the reference was

answered on 11.4.1994. Reference court answered the

reference by enhancing the compensation from Rs.1500/-

to Rs.15,000/- per bigha. The said enhancement was

accepted by the claimants. However, the same was

challenged by the JDA. The writ applications/appeals

preferred before this Court were dismissed on

30.8.2000. Enhancement of compensation of Rs.15,000/-

per bighas was upheld. Thereafter on 11.10.2001,

compensation was deposited before the Civil Judge,

Jaipur @ Rs.1500/- per bigha. The circular was issued

by the State Government on 21.9.1999 that on

settlement/compromise the land owners can be given 15%

developed residential land. Decision was again taken

on 18.10.2001 at the Minister level and in the meeting

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it was decided to give 15% of the land as far as

possible in the same area of which the land has been

acquired. In case the land is not available at the

place where acquisition was made then the land may be

allotted in nearby area by the concerned Committee.

Based upon decision, circular was issued on 13.12.2001

by the Urban Development Department under the

signature of Deputy Secretary of the Department

pointing out that where the compensation has not been

disbursed to the khatedars/land owners so far for any

reason or for any reason compensation has not been

received by the khatedars, they may submit the options

by 28.2.2002 for obtaining 15% of the developed land

in lieu of the acquisition made