LAWS(RAJ)-2021-4-151

PRAKASH CHAND Vs. STATE OF RAJASTHAN

Decided On April 27, 2021
PRAKASH CHAND Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India have been preferred claiming, in sum and substance, the following reliefs:

(2.) The sheet anchor of the present petitioners' case is initiation of the acquisition proceeding, in respect of certain lands situated, amongst others, in Pipar City, District Jodhpur, for the purpose of development of Bhavi-Pipar-Khivsar State Highway N0.86C. Such an exercise for acquisition of the land began with the notification dtd. 29/11/2019 issued by the District Collector, Jodhpur under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'Act of 2013"). In these petitions, the aforesaid land acquisition process has been challenged.

(3.) Mr. Rajesh Joshi, learned Senior Counsel assisted by Mr. Vineet R. Dave appearing on behalf of the petitioners submitted that the mandate of Sec. 4 of the Act of 2013 required the social impact assessment study to be carried out, but the same was not done, in the true letter and spirit of such mandate.