JAI NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) For the purpose of land acquisition the notification under Section 4 of the Land Acquisition Act, 1894 had been issued on 15th September, 1994 with respect to acquisition of 371 bigas and 10 biswas of land situated at village Roopwas, Dist Tonk, Rajasthan for the purpose of industrial development, the beneficiary was Rajasthan State Industrial Development and Planning Corporation Ltd. (for short "the RIICO"). The Land Acquisition Collector determined compensation, on the basis of belting method, at the rate of Rs. 1,15,000/- per bigha for land abutting road, i.e. National Highway 12, whereas, Rs. 21,780/- per bigha was granted for irrigated land, and Rs. 11,385/- per bigha for unirrigated land.

(2.) The Reference Court as well as the High Court, have affirmed the determination made by the Land Acquisition Collector and no enhancement has been made. Hence, these appeals have been preferred by the land owners.

(3.) It was submitted by learned counsel appearing on behalf of land owners, that adequate compensation has not been awarded, and the comparative sale exemplar evidence has been totally ignored. The compensation awarded was highly inadequate, it deserves to be suitably enhanced. It was also submitted, that the nearby area was well developed; a well known institution called Vansthaly Vidyapeeth, is located in the close vicinity of the land besides, lot of other development had also taken place. The site was capable of being used as abadi land.