BHAGIRATH MAL Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The case of the petitioner is that he was the khatedar of land in old khasra Nos. 254/1/4 ad measuring 5 bigha 5 biswa, 254/2/2 ad measuring 1 bigha 8 biswa and in khasra No. 254/3 ad measuring 1 bigha 8 biswa, aggregating to eight bighas situated at village Kidarsar Patwar Khalka Derwala, Tehsil & District Jhunjhunu. Initially the land was recorded in the record of rights (Jamabandi) in the name of his father Mangla Ram S/o Jhutha Ram. It is submitted that after the death of Mangla Ram in the year 1985, the said land was mutated in the name of the petitioner, Bhagirath Mal as the sole son of the deceased Mangla Ram. It is submitted that some time in the year 1993, the lands, now in the name of the petitioner, as well of some other khatedars namely Phool Chand Choudhary, Bhura Ram Choudhary, Megha Ram Jat, Kamal Singania and Taru Ram were appropriated by the State without any land acquisition proceedings for construction of an Aerodrome at Jhunjhunu. It is further submitted that out of the total land ad measuring eight bigha in the khatedari of the petitioner, six bigha land had been taken away by the respondents for construction of the Aerodrome, which is evident from letter dated 22.12.1995 addressed by the Land Record Inspector, Jhunjhunu to Tehsildar, Jhunjhunu. A copy of the said letter has been annexed with the petition. It is submitted that even while the land in lieu of the land utilized for the construction of Aerodrome in the ownership of some khatedars has been allotted to Phool Chand Choudhary, Bhura Ram Choudhary, Megha Ram Jat and Kamal Singhania, yet in the case of the petitioner, he was not allotted land in lieu of land appropriated. The same was also in the case of Taru Ram. Consequent to which, Taru Ram filed a writ petition i.e. SBCWP No. 3594/2007 before this Court for granting compensation in lieu of his land which was arbitrarily appropriated by the respondents for construction of the Aerodrome, whereupon this Court vide order dated 11.02.2011 had directed that the petitioner therein Taru Ram be either allotted land in lieu of the land in his khatedari utilized for construction of Aerodrome in the same revenue village or revenue village Seetsar, Tehsil Jhunjhunu or be granted cash compensation in lieu thereof at DLC rate. It is submitted that the order in SBCWP No. 3594/2007 passed on 11.02.2011 has not been waived or set aside. It is submitted that the case of the petitioner is identical to that of Taru Ram.

(2.) Counsel for the petitioner has referred to the letter dated 09.07.2009 addressed by the District Collector, Jhunjhunu to the Deputy Secretary, Department of Civil Aviation, Jaipur on the subject of grant of compensation for the utilized land belonging to the khatedars which had been utilized for the construction of the Aerodrome and stated that the petitioner Bhagirath Mal had been contacting the office of the District Collector, Jhunjhunu repeatedly for being granted cash compensation for his land appropriated without adherence to the Land Acquisition Act, 1894 (hereinafter 'the Act of 1894'). Counsel for the petitioner submits that in spite of several representations to the District Collector, Jhunjhunu for grant of compensation from time to time, the petitioner continuous to be denied lawful compensation. It is submitted that the petitioner has neither been allotted alternate land nor paid any compensation in respect thereof. It is submitted that in these circumstances, the petitioner moved a fresh representation to the District Collector, Jhunjhunu on or about 01.07.2011 for granting compensation as per the case of Taru Ram by this Court in SBCWP No. 3594/2007 decided on 11.02.2011.

(3.) Counsel submits that the right to property is a fundamental right and the action of the respondent in depriving the petitioner of his legitimate right to compensation for the land appropriated even without resort to the Act of 1984 is arbitrary and unsustainable in law. Counsel submits that the action of the State Government in acquiring land without resort to the legal procedure and without payment of compensation is in fact destructive in rule of law. It has been submitted that in spite of admission of the right of the petitioner for compensation as evident from the correspondence of the District Collector, Jhunjhunu addressed to the SDO, Jhunjhunu and the Executive Engineer, PWD, Jhunjhunu as also to the Deputy Secretary, Department of Civil Aviation, no relief has been coming forth to the petitioner and he continues to be denied compensation for the land acquired more than 18 years. It is submitted that the facts of the case also makes out a case of gross discrimination vis a vis others, such as Phool Chand Choudhary, Bhura Ram Choudhary, Megha Ram Jat and Kamal Singhania whose land was similarly appropriated for the construction of Aerodrome but who were allotted alternate land or granted compensation.