SANTARA DEVI GUPTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the present set of intra Court appeals, question arises for consideration is whether land, which was reserved for commercial use, as per Master Plan, could have been allotted to the appellants in lieu of compensation by the Land Acquisition Officer vide consent award dated 23.03.2001 or even Settlement Committee had the right to allot the commercial land in lieu of the land, which was acquired, in terms of the policy of the State Government.

(3.) Facts of the case in short are that the land belonging to Khatedars, Hanuman, Ramnarayan, Ramswaroop and Ramkishan was acquired by the State Government for the purpose of residential scheme of Rajasthan Housing Board known as "Pratap Nagar Scheme". The acquisition proceedings stood concluded on 05.05.1994, when the Land Acquisition Officer passed an award and determined the compensation @ 85,000/- per Bigha. The award attained finality. However, in spite of determination of compensation, certain incumbents did not accept the same and prayed for allotment of 12% land in lieu of compensation. It was decided by the Settlement Committee in its meeting dated 12.08.1999 to give 12% developed land in the same scheme, in which the land was acquired, i.e. "Pratap Nagar Scheme". However, for the reasons best known to the Settlement Committee, matter was again taken up by it and on 16.02.2000 and it was decided that 15% developed land be allotted and case was again referred for passing consent award to the Land Acquisition Officer not withstanding the fact that he had passed award dated 05.05.1994. Land Acquisition Officer, thereafter, again passed fresh consent award under Section 11(2) of the Land Acquisition Act, 1894(hereinafter referred to as 'the Land Acquisition Act') on 23.03.2001. With the consent, it was ordered to allot the commercial land for residential purposes, which was 1.5 Kilometers away and was on National Highway No. 12, i.e. Kota-Jaipur Highway, whereas the land which was acquired situated 1.5 Kilometers inside the National Highway No. 12. Admittedly, the land in question was reserved in the Master Plan for commercial purposes, whereas the land was allotted, as per the consent award, for residential purposes. However, some of the allottees, who were khatedars, nominated some persons for obtaining the allotment of the land and the land was allotted to nominees on 27.03.2001. The fact remains that the Government cancelled the order of allotment of the land vide order dated 11.12.2001, on the ground that it was not permissible to allot the commercial land and once 15% developed land was allotted, there was no reason to pass fresh award, whereas the land was available in the Scheme itself. The policy only provided for allotment of 15% developed land for residential purpose, whereas 15% commercial land had been allotted. The nominee, Shri H.P. Pareek sold the land in February/March, 2002.