KANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT petition is directed against the order passed by the JDA Tribunal dt. 11.11.2011.

(2.) FROM the material which has come on record, it appears that Award came to be passed by the authority on 31.07.1978 and it was decided to allot a plot a(sic)measuring 250 sq. yds. to the original recorded tenant and it goes without saying that once the land stood acquired and in lieu thereof plot admeasuring 250 sq. yds. was to be allotted to the recorded tenant the rest of the land was to be surrendered by him after being finally acquired and vested with the State Government free from all encumbrances. When the authority initiated action for dispossession from the subject land over and above 250 sq. yds which was allotted to the recorded tenant a reference came to be filed by the legal heirs of recorded tenant before the JDA Tribunal.

(3.) THE main thrust of submission of counsel is that such of the Awardees who were similarly situated and the lands were acquired by the Appropriate Government the plot which was allotted to them was in addition to the allotment which was referred to in the Award and document to this effect has been placed on record to justify and despite the petitioner being similarly situated is entitled for allotment of rest of the land may be at the reserve price or the rates which the Government may considers appropriate but in such circumstances dispossession of the petitioners from the land even if acquired and vested in the State Government free from all encumbrances was not permitted under law and this what the Tribunal has failed to consider while passing the order impugned dt.11.11.2011.