VIVEK LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India have been preferred, in sum and substance, with the following prayers and for the sake of convenience, the prayer clause is being taken from the case being S.B. Civil Writ Petition No.2000/2021.

(2.) The brief facts as noticed by this Court are that the petitioners were having agricultural land at Village Boranada Patwar, Tehsil Luni, District Jodhpur. There was a notification issued by the Government of Rajasthan on 16/8/2010 under Sec. 4 of the Rajasthan Land Acquisition Act, 1894 for acquisition of land for the development of industrial area. The compensation of award was made under Sec. 11 of the Act of 1894 after adhering to all other procedures on 24/9/2013. The amount was however, not available to be disbursed by the respondent upto three years from 2013, as it is reflected in the RTI document, which is at page no.85 of the writ petition; the amount in question itself came for disbursement in the year 2016.

(3.) Learned counsel for the petitioner submits that the act of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the Act of 2013') has to be made applicable in the present matter.