VIDHYA SAGAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE petitions for writ were preferred in the year 2005 to challenge the land acquisition proceedings initiated under a notification dated 23.8.2004 as per provisions of Section 4(2) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894'). In some of the writ petitions, while issuing post admission notices to the respondents, this Court as an interim measure restrained the respondent State from taking over physical possession over the land under acquisition. The State Government, however, did not choose to take over possession of the land from any of the petitioners, who are the land owners of the land subjected to acquisition.

(2.) DURING pendency of the petition for writ the Land Acquisition Officer passed the award as per Section 11 of the Act of 1894 on 25.2.2006 and the same was approved by the Government of Rajasthan on 25.6.2007. The amount of compensation was said to be offered to the petitioners, but they refused to take the same, thus, the amount of compensation was deposited in the court of Civil Judge (Senior Division), Sriganganagar.

(3.) THE application has been contested by the respondents by way of filing reply to the same. According to the respondents the land acquisition proceedings were initiated under the notification dated 23.8.2004, a report as per Section 5 -A of the Act of 1894 was sent to the State Government on 21.4.2005 and a declaration as per Section 6 came to be published on 30.5.2005. Notices as per Section 9(3) of the Act of 1894 were also issued to the persons interested and after considering their objections award was passed by the Land Acquisition Officer on 25.2.2006, however, prior to passing of the award the petitioners preferred writ petitions before this Court. In two petitions for writ, interim direction was given for not dispossessing the land owner concerned from the land in question. In view of the interim order passed by this Court, the amount of compensation was not paid to the petitioners immediately after acceptance of the award but at a subsequent stage the same was offered and on being not accepted, the same was deposited in the court of Civil Judge (Senior Division), Sriganganagar. According to the respondents, looking to the lis -pendent the possession of the land was not taken and for the same reason the compensation was also not paid, thus, the protection given under sub -section (2) of Section 24 of the Act of 2013 is not available in the instant matters.