SUSILA KANKARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The challenge in this group of cases is to the manner of determination and quantum of compensation awarded to the land users under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013'). There are different flavours to this challenge, which may be noticed from the respective lead proceedings.

(2.) In case of Susila Kankariya v. State of Rajasthan and Others (D.B. Civil Writ Petition No.5916/2021), the petitioner has challenged a portion of the notification dtd. 14/6/2016 issued by the State Government under which all the areas falling within the Jodhpur Development Authority (hereinafter referred to as 'JDA') are to be considered as urban areas for the purpose of determination of compensation under the Act of 2013.

(3.) In D.B. Special Appeal (Writ) No.1466/2018 Smt. Himadri Jain v. State of Rajasthan and others, brief facts of the case are that the appellant-original petitioner was owner of the agricultural lands situated in village Rohet, Tehsil Rohet, district Pali. For acquiring such land for the purpose of the Rajasthan State Industrial Development and Investment Corporation (hereinafter referred to as the 'RIICO') a notification under Sec. 4 of the Land Acquisition Act was issued on 21/12/2010. Notifications under Sec. 6 were issued on 5/1/2012 and 20/9/2012. Award was passed by the competent authority on 10/3/2015 under the Act of 2013. At the time when the award was passed the multiplying factor for awarding compensation was prescribed by the State Government under a notification dtd. 16/10/2014, translated version of which reads as under: