NANAGI DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Nanagi, through her civil writ petition No. 4846/1991, is invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India by asserting that Ganesh had three sons named Bholu, Chhotu and Panna who were in cultivatory possession of 120 bighas 2 biswas land forming a part of the total land comprised in Khasra No. 6 and situated in village Mahapura alias Kookarkhera and that she is one of the two daughters of Bholu deceased and is holder of a general power of attorney from all the other heirs of said Bholu.

(2.) SHE refers to a letter bearing No. F. 7 (603) Rev-ka/88 dated July 30, 1970 alleged to have been sent by the Deputy Secretary to the Government in Revenue Department to the Cheif Conservator of Forests, Rajasthan Jaipur conveying sanction of the State Government for transferring forest land measuring 106 bighas 3 biswas of bir Mugana Mahapura situated in village Kookarkhera to the Revenue Department for the purpose of allotting the same for agricultural purpose in accordance with Rules. In the said letter, this much extent of forest land was to be in cultivatory possession of (1) Bhura son of Chhotu, (2) Deva son of Dhanna, (3) Chhotu son of Ganesh etc. The letter closed its contents by stating that now it was not necessary to await the decision of the case pending in the Court for conferment of Khatedari rights on the applicants over this land.

(3.) SO far as Bholu s/o Ganesh is concerned, he submitted in his claim that notice pertaining to only 14 bighas of land had been given to him while he had been in continuous possession over 35 bighas of land and his house existed over two bighas of land. The Land Acquisition Officer examined the Patwari Ishwar Singh who inter-alia stated that khasra No. 6/4 measuring 14 bighas was recorded forest land and was under cultivatory possession of Bholu s/o Ganesh. He also said that Bholu was also in possession of six or seven bighas. Ved Pal Madan, Overseer, PWD had made the valuation estimates. Ex. C. 12 in land acquisition proceedings was valuation of Kaccha houses of Bholu and Ex. C. 13 was their rough plan. SOme observations made in relation to the claim of Bholu s/o Ganesh made by the Land Acquisition Officer in his award may be extracted: "over the recorded as forest land, objector Bholu is in possession. He has built seven "kaccha" that had houses for his and family's use. Shri Madan has prepared estimate vide Ex. C. 12 and valued all the seven at Rs. 1669/- in case Bholu ever get any compensation he could be allowed Rs. 1669/- for his seven "kham houses for trees, I allowed Rs. 270/- to Bholu, of allowed. " One of the land acquired, a portion known as Khasra No. 6/4 measuring 14 bighas is recorded as forest. But it has come in evidence that this portion has been in continuous cultivatory possession and also was in possession on the date of acquisition of objector Bholu and that he and his family members have built about 7 Kham house on it. Objector Bholu asserted that besides this portion, on other substantial portion of this land he has been in possession and that because of mischeif of revenue officials, his name could not be recorded in revenue records and that the Tehsildar Jaipur has submitted a report to Collector, Jaipur for granting him Khatedari right. I have considered this matter. Though it seems correct that objector Bholu has been in continuous possession over 14 bighas of land recorded as forest land and has been cultivating it but the Land Acquisition Officer cannot go into the title of the individual and as to depend on the record. Objector Bholu must have moved a competent court long back to vindicate his right and get the entries corrected. It is settled law that the compensation has to be awarded in accordance with the title of each land holds in the joint land acquired irrespective of the fact whether they were in actual possession of more or less area on the date of acquisition. As for possession of objector Bholu Ex. 3 prepared by Shri Sant Kumar is clear, which says that he was found in possession over 14 bighas of land whch is recorded as forest land. In case Khatedari rights are conferred on objector Bholu with retrospective effect by the Collector or by some competent court, he would be entitled to get compensation at the rate decided by me for 14 bighas of land otherwise it being the forest land it could be transferred to RIMDC without any payment. If by competent order, Bholu would be found eligible to get compensation for this land, he would be entitled to get Rs. 370/- for trees. He has built seven Kham houses over this land. At present his status is that of a trespasser, yet it will be very hard on him to disallow the cost of his thatched houses that comes to Rs. 1669/- In case he is not found entitled to this land, he will be allowed to remove the 'malba' of these Kachha houses. Objector Bholu is an old and illiterate person. It seems readily heart rending to deprive him of his livelihood and house in view of the record. I am unable to allow any compensation to him. It would be better if the decision on the report of Tehsildar, Jaipur for conferring of Khatedari rights to him was considered early. In case of Bholu, if Khatedari is given to him on 14 bighas of land recorded as 'forest' retrospectively or he get to its title from a competent court, then he will get compensation of land @ Rs. 3750/- per bigha and would be entitled for compensation of his Kachha houses, dala, trees etc. as described above, otherwise he is entitled to remove 'malba' etc. of his house. In this case, Government may be requested to transfer 14 bighas of this land to RIMDC it being forest land on terms and conditions to be decided by it. The objector have requested that for their settlement plots in Industrial area may be allotted to them. There is no doubt that the claimants have been dislocated because of this acquisition and they shall have to seek new vocations and shift to other places. On humanitarian grounds, it shall be proper for RIMDC to allot industrial plots in their estate to some of them as would like to set up the industrial.