JAIPUR DEVLOPMENT AUTHORITY Vs. LALA RAM

JUDGEMENT

(1.) This writ petition is directed against the order dated 18.10.05 passed by the learned Appellate Tribunal, Jaipur Development Authority, Jaipur in Appeal No. 107/05 (Lala Ram and Ors. v. JDA). The petitioner has prayed that the impugned order be quashed and set aside. Further, it is prayed that the appeal filed by respondents before the learned Tribunal be dismissed, holding that the Tribunal has no jurisdiction.

(2.) Briefly stated, the facts of the case are that respondents No. 1 to 5 are the ex-khatedar tenants of Khasra No. 2, 8, 10,12 and 19/168 situated in village Boyatwal Distt. Jaipur, On 3rd May, 1981 a notification, under Section 4 of the Rajasthan Land Acquisition Act, came to be issued in the Rajasthan Raj Patra. The said acquisition proceedings were initiated with the intention to acquire a total land of 1367 bighas and 13 biswa in revenue villages Niwaru, Mansharampura, Boytawala and Benad. Total area of 238 Bighas of land was acquired in village Boyatwal. Thereafter, another notification Under Section 6 read with Section 17(4) of the Act was issued for acquiring the aforesaid land for the public purpose of establishing Field Firing Range. The Land Acquisition Officer passed an award on 26.3.83 for the entire land in question. A reference in respect of the land in question finds place at Serial No. 5, 15 and 21 of the tabulation in the Award (Annex. 3). Subsequently, cheques drawn in the name of ex-khatedars for payment are said to have been tendered to the Land Acquisition Officer. Only four khatedars had accepted the award money. The possession of the land was taken and handed over to the Army for the purposes.

(3.) The ex-khatedars, not being fully satisfied with the award, had made request to the petitioners for enhancement of compensation. On having been dis-satisfied with the award passed by the Land Acquisition Officer and as nothing had been done by the petitioner in regard to the enhancement of compensation, the ex-khetadars had preferred a reference before the learned Civil Judge, Jaipur praying that the quantum of compensation be increased. The learned Civil Judge, Jaipur on 11.9.94 had enhanced the rate of compensation from Rs.1500/- to Rs.15,000/- per bigha, along with interest and solarium. Feeling aggrieved of the order made by the Civil Judge, the petitioner authority filed an appeal before this Court. The said appeal was dismissed by the High Court on 30th August, 2000.