DHULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition the petitioners seek to quash the order Annex. 7 and notice Annex. 8 dt. 30.7.81 issued by Land Acquisition Officer cum Sub Divisional Officer, Dungarpur as also the demand notice dt. 4.9.82 (Annex.9) issued by the Patwari.

(2.) THE facts which are necessary to be noticed for the disposal of this writ petition in brief as alleged by the petitioners are that the petitioners, who are the residents of village Indora, Tehsil Aaspur Dist. Dungarpur were owing Khatedari rights in Khasara No. 49, 317, 318, 335, 336 and 337 at village Indora which consisted of 10 Bighas 11 Biswas of irrigated land and a well. It is alleged that for the purpose of acquisition of certain lands for Soma -Kamala -Amba Dam, proceedings were initiated under the Rajasthan Land Acquisition Act and the respondents after holding negotiations with the persons owing the Khatedari rights including the petitioners made an order on 26.9.80 that 32 villagers of Indora have agreed to accept the compensation at the prescribed rate for the different types of land but since both the parties were in agreement the compensation award was prepared as per the agreement. Thereafter, an award was made on 27.9.80 for Rs. 2692.10 in favour of the petitioners vide Annex.2. The petitioners moved an application (Annex.3) requesting the Land Acquisition officer either to refer the matter to the court or amend the compensation order in terms of the agreement treating their land to irrigated one and fixing its value accordingly. The Land Acquisition Officer vide order dt. 17.11.1980 (Annex.4) modified the compensation order in respect of petitioners and issued a fresh compensation order for Rs. 8100/ - on 18.11.1980 vide Annex.5. It is also alleged that the Land Acquisition Officer again vide order dt. 30.7.1981 ordered to recover the excess amount Under Section 12 -A of the Rajasthan Land Acquisition Act from the petitioners and also ordered that the award made in favour of the four persons, the present petitioners may also be made according to the same method as has been done in the other 28 cases. A notice was also issued to one Khub Chand for whom it is alleged that his case was identical with the petitioners for recovery of Rs. 19125/ - on 30.7.81. The petitioner Dhula was also served with a notice dt. 1.9.82 (Annex.9) issued by Patwari demanding Rs. 5407.90. The aggrieved petitioners have approached this Court under Article 226 for quashing the impugned order and notice as aforesaid.

(3.) LEARNED Counsel for the petitioner has contended that the respondent No. 2 on the basis of verification of type of land of the petitioners by the Tehsildar and Irrigation Department and having satisfied about the correctness of the petitioner's claim issued a fresh award for which he was competent Under Section 12 -A, therefore, the order dt. 30.7.81 recalling the earlier order dt. 17.11.80, is void and deserves to be set aside.