LAWS(RAJ)-2012-4-85

STATE OF RAJASTHAN Vs. LAND ACQUISITION OFFICE

Decided On April 10, 2012
STATE OF RAJASTHAN Appellant
V/S
LAND ACQUISITION OFFICE, JAIPUR-I, JAIPUR Respondents

JUDGEMENT

(1.) THIS petition (18557/2011) has been filed against the order dated 07.04.2011 passed by the Land Acquisition Officer, Jaipur-I, Jaipur (hereinafter 'LAO') under Section 28A of the Rajasthan Land Acquisition Act (Amended), 1989 (hereinafter 'the Act of 1989') on an application moved by the respondent Nos.2 to 13.

(2.) THE facts of the case are that vide notification dated 04.02.1982 issued under Section 4(1) of the Land Acquisition Act of 1953 (hereinafter 'the Act of 1953'), the petitioner-State sought to acquire land admeasuring 1887 Bighas 10 Biswas located in Tehsil Jaipur. THE notification under Section 4(1) was followed by a Notification dated 16.02.1982 under Section 6 read with Section 17(1) of the Act of 1953. THE possession of the land notified was taken from the khatedars on 28.08.1982. THE LAO vide his award dated 12.08.1983 computed compensation under Section 23(2) of the Act of 1953 @ Rs.12,000/- per bigha with solatium @ 10% and interest @ 4% per annum to be paid to the khatedars from the date of taking of possession till the date of actual payment.

(3.) I have heard the counsel for the petitioners-State as also the respondents who appeared on caveat and have also on their part filed writ petition No.11551/2011 for implementation of the award dated 07.04.2011 passed by the LAO.