JAIPUR DEVELOPMENT AUTHORITY Vs. LALARAM

JUDGEMENT

(1.) The intra court appeals have been preferred by the Jaipur Development Authority (hereinafter referred to as 'the JDA') aggrieved by the order passed by the 3DA Appellate Tribunal (hereinafter referred to as 'the Tribunal') and the orders passed by the Single Bench dismissing the writ applications No. 539/2009, 114/2004, 10420/2009, 766/2009, 764/2009, 15305/2009, 15306/2009 and 765/2009 vide orders dated 11.1.2010, 4.1.2005, 15.3.2010 respectively. Facts in short are that the land of the respondents situated at Boytawala, District of Jaipur was acquired for which notification was issued under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (hereinafter referred to as 'the Act of 1953') way back on 8.5.1981. Award was passed by the Land Acquisition officer on 26.3.1983. The land was acquired for the purpose of Army for its Field Firing Range. Possession was taken on 26.3.1983. Compensation was awarded by the Land Acquisition officer @ Rs. 1500/- per bigha. Reference was sought by the claimants before the civil court and the reference was answered on 11.4.1994. Reference court answered the reference by enhancing the compensation from Rs. 1500/-to Rs. 15,000/- per bigha. The said enhancement was accepted by the claimants. However, the same was challenged by the JDA. The writ applications/appeals preferred before this Court were dismissed on 30.8.2000. Enhancement of compensation of Rs. 15,000/-per bighas was upheld. Thereafter on 11.10.2001, compensation was deposited before the Civil Judge, Jaipur @ Rs. 1500/- per bigha. The circular was issued by the State Government on 21.9.1999 that on settlement/compromise the land owners can be given 15% developed residential land. Decision was again taken on 18.10.2001 at the Minister level and in the meeting it was decided to give 15% of the land as far as possible in the same area of which the land has been acquired. In case the land is not available at the place where acquisition was made then the land may be allotted in nearby area by the concerned Committee. Based upon decision, circular was issued on 13.12.2001 by the Urban Development Department under, the signature of Deputy Secretary of the Department pointing out that where the compensation has not been disbursed to the khatedars/land owners so far for any reason or for any reason compensation has not been received by the khatedars, they may submit the options by 28.2.2002 for obtaining 15% of the developed land in lieu of the acquisition made. Applications were submitted in January/February, 2002 for allotment of the land under the said circular issued by the Urban Development Department. The JDA issued auction notice dated 17.5.2003 for the purpose of auction of certain plots for group housing in Vidhyadhar Nagar, Jaipur. As the claimants, namely, Lala Ram (special appeal No. 276/2010) and Chotu Ram (special Appeal No. 174/2005) were desirous of obtaining the land in Vidhyadhar Nagar, they questioned the auction notice issued by the JDA in appeals before the JDA Appellate Tribunal. Appeals were preferred under Section 83(8) (a) of the Jaipur Development Authority Act, 1982 (hereinafter referred to as 'the JDA Act'). In other matters, the claimants sought reference under Section 83(8)(b) of the JDA Act. In the appeals which were preferred, the Appellate Tribunal quashed auction notice dated 17.5.2003 and ordered allotment of land in Vidhyadhar Nagar Scheme, and without that, restrained the auction of the land in Sector-5 & Sector-6. In the references, after finding the claimants entitled for allotment of land in Vidhyadhar Nagar, it was ordered that 15% of the developed land be allotted to the claimants in Vidhyadhar Nagar and in case the land is not available, it be allotted at nearest place other than in Lalchandpura and Anantpura and till such time, the JDA was restrained from auctioning the land in Vidhyadhar Nagar.

(2.) It is also pertinent to mention here that in the case of Chotu Ram and Lalaram appellate orders were passed on 18.8.2003 and 18.10.2005 respectively, whereas in references, orders were passed on 6.1.2006 (Ref. No. 295/2005) and 18.3.2006 (Ref. No. 71/2005).

(3.) It appears that the matter was referred by the JDA to the State Government and the State Government on consideration of the matter of Boytawala, where the acquisition was made for establishment of Field Firing Range for Army, ordered that 15% developed land be allotted by the JDA in Lalchandpura and Anantpura. This order was issued by the State Govt. on 1.7.2005. The writ petitions were preferred before the Single Bench by the JDA. The writ petitions have been dismissed by the Single Bench. Consequently, the intra court appeals have been preferred.