STATE OF RAJASTHAN Vs. TRILOKI NATH SAHANI

JUDGEMENT

(1.) THIS litigation has had a chequered history. In pursuance to Notification dated April 30, 1964 reference u/sec. 18 of the Land Acquisition Act made by the Land Acquisition Officer in regard to land situated at village Jhalana Doongar bearing Khasra Nos. 22 and 68 measuring 127 Bighas and 14 Biswas came up for disposal before the Civil Judge Jaipur District who vide his order dated November 5, 1985 allowed the reference in favour of respondent T. N. Sahani and awarded a sum of Rs. 4000/- per bigha as compensation, 10% of solatium and interest @ 4% and further a sum of Rs. 500/- as costs. Against the aforesaid award respondent T. N. Sahani preferred Civil Misc. Appeal. The High Court vide judgment dated April 10, 1987 allowed the appeal and enhanced the compensation from Rs. 4000/- per bigha to Rs. 10,500/- per bigha. The judgment of the High Court was assailed before the Hon'ble Supreme Court by the respondent T. N. Sahani as well as the appellant State of Rajasthan. While deciding Civil Appeal No. 3784/1989 on Sept. 6, 1989 the Hon'ble Supreme Court indicated that to fix the market value of the land per sq. yard at Rs. 12/- may not be high. But taking into consideration the large extent of property under acquisition and the fact that the appellant had confined his claim to Rs. 6/- Sq. Yard it was held that the appellant was not entitled to compensation at a rate higher than Rs. 6/- per sq. yard. The award of the land acquisition officer and the decision upon reference and in appeal by the High Court were modified and it was directed by their Lordships of the Supreme Court that the compensation of the property acquired under the Notification shall be at Rs. 6/- per sq. yard. The judgment has been implemented by the State of Rajasthan and amount of compensation has been paid to the respondent T. N. Sahani.

(2.) THE State of Rajasthan issued another Notification on August 21, 1969 to acquire land bearing Khasra Nos. 21 and 22 measuring 75 Bighas and 15 Biswas situated at village Jhalana Doongar. On a application of the respondent T. N. Sahani, the Land Acquisition Officer made a reference u/sec. 18 of the Land Acquisition Act to the Civil Judge Jaipur City. THE reference was dismissed on January 6, 1979 in the absence of T. N. Sahani and his counsel. Application seeking restoration of the proceedings was also dismissed in default. Learned Civil Judge vide order dated January 8, 1986 dismissed the another application filed for restoring the restoration application. THE revising petition preferred by T. N. Sahani against the said order was allowed on Jan. , 22, 1987 by the High Court in the presence of the counsel for the State of Rajasthan and the case was remanded back to the Civil Judge who thereafter vide order dated December 11, 1987 restored the reference proceedings. Ultimately the Civil Judge vide its judgment dated April 6, 1990 awarded compensation to the respondent T. N. Sahani @ Rs. 40,000/- per bigha. Additional amount @ 12% was awarded from August 21, 1969 to March 11, 1974 as per Sec. 23 A of the Central Act. 30% as solatium and interest @ 9% was also awarded.

(3.) ON the strength of the aforequoted six documents and the judgment of Division Bench it is urged that the Division Bench did not declare T. N. Sahani as the Khatedar of the land and no award could be passed in favour of T. N. Sahani treating him as the owner of the land in dispute.