RIDHNARAIN Vs. DISTRICT JUDGE, TONK & ORS.

JUDGEMENT

(1.) Since all these misc. appeals relate to common judgment of District Judge Tonk dated 30.9.2003 passed in Reference Applicants cases No. 151, 1997, 153/1997, 148/1997, 169/1997, and 166/1997 whereby the reference applications of the applicants filed under Sec. 18 of the Central Land Acquisition Act, 1894 (Rajasthan amendment 1987) (in short "the Act") were dismissed against the award of the Land Acquisition Officer (Sub Divisional Officer) Tonk dated 19.8.1996 in case No. 2/1994, they are being disposed by this common judgment. The facts have been set out in the impugned judgment and hence I am not repeating the same here except wherever necessary.

(2.) The facts in brief are that by the Notification dated 15.9.1994 of the Deputy Secretary Industries (Group -1), Government of Rajasthan, their intention of acquiring land for the public purposes for developing industrial area for RIICO in village Roopwas, Tehsil Niwai District Tonk measuring 371 Bighas and 10 Biswas of land, was issued. The Notification was also published in two local News papers dated 15.12.1994. The appellants submitted objections before the Land Acquisition Officer (Sub Divisional Officer) Tonk but the Land Acquisition Officer without hearing the appellants sent the report under Sec. 5A of the Act to the State Government through the Collector Tonk. On satisfying with the report of the Land Acquisition Officer, Tonk, the Deputy Secretary Industries (Group -1) of the Government of Rajas than issued Notification under Sec. 6 of the Act and published the same in the Raj Gazette dated 7.11.95 and the same was also published in two local news papers. The Land Acquisition Officer issued notice under Sec. 9(1) of the Act to the khatedars/land holders. The khatedars submitted their consent to the Land Acquisition Officer that their land is surrounded by National Highway No. 12 and as per the rates applicable to Sitapura Sukhpuria land acquired for RIICO may be made applicable to them. Some of the objectors stated that the market value of the land is presently 6,00,000 per bigha. The Land Acquisition officer notified 6.2.96 for information to notify the award. Their objections were invited upto 13.2.1996. The Land Acquisition Officer sent its report to the Government including the objections. The Land Acquisition Officer on the basis of the report of the Sub Registrar Niwai passed the award dated 19.8.96.

(3.) The award of the Land Acquisition Officer was mainly based on the report of the Sub Registrar Niwai and an award of Rs. 1,33,10,576/ - was passed acquiring 371 Bigha and 10 Biswas land in village Roopwas.