JAIPUR DEVELOPMENT AUTHORITY Vs. NARPAT SINGH

JUDGEMENT

(1.) THE Jaipur Development Authority in all these four revision petitions, has impugned the order dated June 1, 1990 of the learned District Judge Jaipur City whereby learned Judge rejected the objections raised by the petitioner in execution cases No. 24/84, 19/84, 20/84 and 23/84 and directed the respondents in accordance with the decree dated August 17, 1971 of the High Court of Judicature for Rajasthan that if they deposit entire amount with the Jaipur Development Authority within two months, the possession of the respondents over the land in question shall be deemed to be regularised.

(2.) THE material facts may now be briefly stated. In exercise of the powers under Sec. 4 (1) of the Rajasthan Land Acquisition Act, 1953 (for short 1953 Act) the Government of Rajasthan on June 9, 1960 published a Notification to acquire 552 bighas and 8 biswas of land at village Bhojpura, Chak Sudershanpura and Rampura Roopa, which is now the part of Jaipur City, for the development of `lal Kothi Scheme'. On May 12, 1961 the declaration u/sec. 6 of 1953 Act came to be published and on January 9, 1964 award was passed after following the due procedure. THErein, apart from awarding compensation to the owners, the Land Acquisition Officer granted plots ranging between 1000 square yards to 2000 square yards to the owners, sub-awardees or nominees in the scheme itself. THE learned District Judge Jaipur City on reference thereafter enhanced the compensation vide decree dated March 15, 1967. Aggrieved by the order of the District Judge the Urban Improvement Trust and the State Government preferred appeal before the High Court. When the appeal came up for hearing a compromise was arrived at on August 17, 1971 in the following terms- "according to the terms of the compromise the decree of the lower court is modified and it is ordered that the respondent shall be paid the amount of compensation awarded by the Land Acquisition Officer in his award on the condition that the State of Rajasthan and the Urban Improvement Trust allot to the respondent a plot of land measuring 2000 square yards under the award at the rate of Rs. 8/- per square yard in terms of the said award and that the State of Rajasthan and the Urban Improvement Trust have already allotted such plot to the respondent at the aforesaid price. THE respondent shall pay the said price, that is at the rate of Rs. 8/- per square yard to the Urban Improvement Trust less the amount of compensation which was awarded by the land Acquisition Officer to him by the ward. Both the parties shall bear their own costs of both the courts. "

(3.) BEFORE adverting to the rival contentions I deem it appropriate to refer to some judicial pronouncements of the Hon'ble Supreme Court in regard to the land which is the subject matter of dispute in the instant revision petitions.