LEKHRAJ SINGH & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Main grievance raised by petitioners is that after the land being finally acquired, proceedings have been initiated Under section 9(3) of the Land Acquisition Act, 1984; and notices have been served upon the petitioners in Sept., 2009; however, they are interested in claiming 25% developed land as being entitled to the khatedars in terms of Govt. circular dt.27/10/2005. Counsel placed reliance upon the decision of this Court in Hanuman Sharma & Ors Vs. State (CWP-9524/2005 & cognate cases decided vide order dt. 25/01/2007) directing the respondents to consider application of individual khatedars for the land in compensation. It has also been informed by Counsel that the cash compensation has not been paid so far by the LAO cum Asstt. Collector Head quarter Bharatpur who is holding acquisition proceedings Under section 9 of the LA Act.

(2.) Without going into merits of the matter, this writ petition is disposed of with the direction to the petitioners to make an application afresh before the competent authority (LAO) and if such an application is filed, it is expected from the authority before whom the acquisition proceedings Under section 9 of LA Act are pending, to independently examine and objectively consider the same for grant of developed land in terms of Govt. Circular dt.27/10/2005 taking note of judgment dt.25/01/2007 (supra) in accordance with law and pass a speaking order within two months thereafter which may be communicated to the petitioners, who still if feel aggrieved, will be at liberty to avail of remedy under the law. Writ Petition Disposed of.