RUDHMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this writ petition, Rudhmal son of Chunnilal (petitioner) has sought as writ of prohibition for directing the Jaipur Development Authority (respondent No. 2) not to:-

(2.) The facts relevant for deciding this writ petition, briefly stated, are that the land of Khasra Nos. 187 to 191 and 198 of village Birsarkari of Jhotwara Patwar area of Jaipur tehsil was purchased in the year 1968 by Nanuram (younger brother of Chunnilal who is father of the petitioner) from Chogan son of Kisna Modi. The petitioner's case is that Nanuram having no issues/children was living with his elder brother Chunnilal and therefore, after death of Nanuram his property including the aforementioned land which was in his khatedari tenancy, succeeded/inherited in the petitioner and his brothers. According to him, though in revenue record, total area of aforesaid six Khasras was recorded measuring 27 Bighas one Biswas but its actual total area at the sites of the land was 37 Bighas 1 Biswa and in other words, 10 Bighas of land (which was also in actual and physical possession of the petitioner and his brothers. Since the time of their predecessor in title namely Nanuram and Chunnilal) was less recorded in revenue record.

(3.) The petitioner in his writ petition admitted that the lands of area situated in village Bir Sarkari including lands of afore said six khasras were acquired under notification dt. 6-2-1981 issued u/S. 52(2) of the Rajasthan Urban Improvement Act, 1959 (for short, the Act, 1959) for plan development of Vidhyadhar Nagar residential colony of Jaipur, of which his predecessor in title namely Nanulal alias Nanuram who was then alive, had also raised objections. Upon which State Government issued a declaration acquiring the aforesaid lands u/S. 52(3) of the Act, 1959 and directing Land Acquisition Officer to make further inquiry, issue and publish an Award. The Land Acquisition Officer issued and published Award dated 30-11-1988 (Ann. 1) for aforesaid six Khasras measuring 27 bighas 01 biswas awarding Rs. 6,49,200/- as compensation of acquisition to the land holders namely predecessor in title of the petitioner.