GOVERDHAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant petition is one for issuance of an appropriate writ or order or direction to the respondents to allot land in favour of the writ petitioner in lieu of compensation as per his option recorded in his letter dated 29.12.2008 (Annex. 7 to the writ petition) and to hand over the possession thereof within a time frame to be fixed by this Court.

(2.) I have heard Mr. M.C. Bhoot, learned Senior Counsel for the petitioner and Mr. O.P. Boob, learned counsel for the respondents.

(3.) SKIPPING over the intervening developments thereafter, which included withdrawal of the order/communication dated 24.7.1997 and restoration thereof, suffice it to state that by the judgment and order dated 19.11.2012, the writ petition No. 1780/99 was allowed and the State -respondents were directed to issue appropriate order allotting the land in favour of the petitioners as proposed vide sanction letter/order dated 24.7.1997 excluding the portion that stood allotted to the Indian Oil Corporation Limited and others in view of their (petitioners therein) waiver to that extent. It was recorded that the allotment of the land as directed would satisfy the claim of the petitioners therein for allotment of alternative land in lieu of their land acquired and that they would not be entitled to any further compensation whatsoever. An amount of Rs. 25,000/ - was imposed by way of cost to be paid by the State -respondents. Being aggrieved, the State preferred appeal being D.B. Special Appeal (Writ) No. 111/2013 which was vide judgment and order dated 16.5.2013 dismissed by a Division Bench of this Court, however interfering with the direction imposing cost.