GOVIND KANWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD both the sides.

(2.) THIS appeal is directed against the judgment dated 4. 11. 1997 delivered by the learned Single Judge of this Court in S. B. Civil Writ Petition No. 4028 of 1995. The appellant, wife of the deceased land-owner, filed the writ petition claiming compensation for the land measuring 5 bighas 10 biswas which has been utilised by the State of Rajasthan for construction of the road.

(3.) IT is further submitted that the appellant-petitioner who had only stepped into the shoes of her Late husband has no right to question the same after a lapse of about 18 years i. e. in the year 1995 by way of filing the present writ petition. IT is stated in para 6 of the reply that there was no necessity to initiate the said land acquisition proceedings because the entire process of constructing the road was completed by mutual consent of the parties. In the year 1970-71 the Relief Department issued a circular with regard to the acquisition of land for relief works. In this circular it is provided that whatever land is required for the purpose of relief works, the same be obtained without payment of any cost by mutual consent. IT was provided that the normal procedure for payment of compensation will not be applicable in respect of relief works. A decision was also taken by the government in regard to payment of compensation. When some dispute arose, it was made clear that there is no budgetary provisions in the Relief Department nor any such compensation has ever been paid by the Relief Department and, therefore, no compensation can be paid by the Relief Department. The appellant's husband has not raised any objection as per circular Ex. RI and no objection was raised by him at the time of construction of the road nor at a subsequent stage during his lifetime and therefore, writ petition is an afterthought.