CHHATAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India, with the following prayers:-

(2.) Brief facts of the case are that the petitioners are the co-sharers and recorded khatedars of the land bearing Khasra No.255 to 259. Since the respondent-JDA planned to construct bye-pass/ring road from Jodhpur-Jaisalmer Highway to Jodhpur- Nagore Highway, therefore, it issued a notification dtd. 18/3/2013 (Annex.2) under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894') for acquisition of the land in question. The petitioners raised objections under Sec. 5A of the Act of 1894 and submitted that the land in question is not suitable for acquisition to fulfill the alleged public purpose. The petitioners also submitted representations/ applications but the respondents, without considering the same, issued notification dtd. 8/7/2013 (Annex.3) under Sec. 5 of the Act of 1894 and public notice dtd. 2/9/2015 under Sec. 9 of the Act of 1894. The respondents, however, failed to determine adequate compensation, therefore, the petitioners preferred a writ petition, being SBCWP No.13132/2019 before this Court, wherein following order was passed on 25/9/2019:-

(3.) It was alleged in the aforementioned writ petition that the respondents are in process to take possession of excess land ad- measuring 2 bighas 10 biswas in view of the site report dtd. 29/7/2019 (Annex.5) and since this Court directed to take appropriate proceedings on the basis of the said survey report dtd. 29/7/2019 (Annex.5), therefore, the present writ petition has been filed wherein, while issuing notices, on 3/3/2021, the stay application was dismissed.