YASHDEEP SINGH SAINI Vs. NAYA RAIPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Both the writ petitions are being heard together being common question of facts and law are involved.

(2.) (A). The Writ Petition No.2432 of 2017 is preferred by two petitioners namely Yashdeep Singh Saini and Amandeep Singh Saini. It is their case that the petitioners were the owner of the land bearing Khasra No.587 (Part) admeasuring 0.480 hectare situated at Village Jhakhi, P.C. No.139, R.I.Circle Abhanpur, Tahsil Abhanpur. The land of the petitioners alongwith other land owners were acquired under the Settlement Case No.6- 1638/Land Acquisition/ 2010 and compensation amount of Rs.9,00,000/- was paid in the year 2010. Likewise, land bearing Khasra No.585 area 0.420 hectare of petitioners was acquired under the Case No.6-9098/Land Acquisition/2012 and compensation of Rs.7,87,500/- was paid on 27.02.2013. It is stated that to facilitate such acquisition process, the written assurance was given under Clause 19 of the scheme to give additional plots titled as "Special Rehabilitation Scheme for Naya Raipur Project". According to the petitioners, as per Clause 19(3) of the Special Rehabilitation Scheme for Naya Raipur Project, the person who have not obtained additional compensation, he would be entitled for plot of land; therefore the project affected person who had not accepted additional amount and consented to get plot of land was to be provided with plot of land according to different classification. The case of the petitioners that they were entitled for two plots of land of 3600 sq.ft. each.

(3.) (A). Likewise in the Writ Petition No. 2477 of 2017 filed by Yashdeep Singh Saini, it is stated that the petitioner was the owner of different lands bearing Khasra No.581 (Part) area 0.010 hectare, Khasra No.583 (Part) area 0.200 hectare, Khasra No.578/1 area 0.580 hectare, Khasra No.580 (Part) area 0.070 hectare, Khasra No.583/1 area 0.080 hectare, Khasra No.581/1 area 0.580 hectare and Khasra No.578/2 area 0.350 hectare, situated at Village Jhakhi, P.C. No.139, R.I.Circle Abhanpur, Tahsil Abhanpur. The said lands were acquired by two different land acquisition case and the compensation amount of Rs.3,93,750/- and 31,12,500/- was paid on 01.10.2010 and 27.02.2013. Further it is contended that to facilitate the acquisition process as per Clause 19 of the Special Rehabilitation Scheme for Naya Raipur Project, the petitioner was held to be entitled for another plot of land under the project since they were covered under Clause 19 of the scheme as project affected persons as they had opted for different plot instead of the additional amount.