RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed by original petitioner Ram Lal with grievance that his land was made use of by respondents for constructing road but compensation was not paid to him. THIS court on 08.05.2009 passed following order:- It is the case of the petitioner that the Public Works Department had constructed a road through his land bearing Khasra Nos.93, 101, 125, 131 & 132. However, despite having encroached upon his land, the respondents are yet to pay compensation to the petitioner. It was the case of the respondents that the petitioner had given his consent for the construction of the said road through his land. Vide order dated12th November, 2008, this Court had directed the learned counsel for the respondents to show the written consent or any documents indicating that a consent was given by the petitioner to the respondents. Despite the lapse of seven months, the same has not been complied with. Therefore, this Court is of the opinion that no such consent was given by the petitioner. In these circumstances, the respondent No.3 the Executive Engineer, Public Works Department, Division-II, Alwar is directed to calculate the amount of compensation keeping in mind the DLC rates of 1996 along with the interest of 9% from the date when the road was constructed and to bring the compensation amount in the form of a Bank draft to be paid to the petitioner on 20th May, 2009.

(2.) IT is informed by learned counsel for petitioner that pursuant to aforesaid order of this Court, a demand draft no.151649 dated 12.08.2009 amounting to Rs.1,19,096/- in the name of Registrar (Administration) Rajasthan High Court, Jaipur Bench, Jaipur, was deposited by respondents in the registry of this Court.