KUMARI KANTA CHOUHDARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants-petitioners herein have approached this Court through this intra court appeal for assailing the order dtd. 27/4/2021 passed by the learned Single Bench dismissing the S.B. Civil Writ Petition No.1507/2021 filed by the appellants and repelling the challenge made to the notification dtd. 29/11/2019 (Annexure-1 to the writ petition) issued by the District Collector, Jodhpur for acquisition of land including that of the petitioners and the order dtd. 12/3/2020 (Annexure-7 to the writ petition) passed by the Sub Divisional Officer, Pipar City, whereby the objections submitted by the petitioners against the proposed acquisition of their lands (for the purposes of construction of State Highway) were rejected.

(2.) For the purpose of ready reference, Sec. 15 of the Land Acquisition, Rehabilitation and Re-settlement Act, 2013 (hereinafter referred to as the 'Act of 2013') is reproduced herein below:-

(3.) Shri Rajesh Joshi, learned Senior Advocate, assisted by Ms. Kamini Joshi, representing the appellants-petitioners, vehemently and fervently urges that a plain and simple reading of the statutory provision would make it clear that the objections submitted by the aggrieved persons whose land is under acquisition have to be considered and decided by the appropriate Government. He urges that in the present case, admittedly the SDO assumed the role of the appropriate Government and rejected the objections raised by the petitioners and thus, the impugned orders as being without jurisdiction are vitiated. He submits that the view taken by the learned Single Bench with reference to Sec. 3(e) read with Sec. 15 of the Act of 2013 that the Land Acquisition Officer himself would be the appropriate Government, is on the face of the record incorrect because if the said ratio is approved, the very import of Sub Sec. (2) of Sec. 15 would be rendered otiose. He thus urges that the impugned order dtd. 27/4/2021 passed by the learned Single Bench rejecting the writ petition of the appellants-petitioners so also the order dtd. 12/3/2020 passed by the SDO, Pipar City deserves to be quashed.