ASHA LULLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The prayer in the writ petition indicating the effort to expand the extraordinary equitable and discretionary jurisdiction of this court beyond measure, are as under:-

(2.) The background facts in which the prayers recorded above have been made relate back to acquisition proceedings under the Rajasthan Land Acquisition Act, 1953 (hereinafter 'the Act of 1953'--now repealed) on which an award dtd. 28/12/1988 was passed, possession taken even prior thereto and compensation amount deposited in the court of Civil Judge Jaipur on 3/5/1991 albeit it was not received by the khatedars i.e. Lala, Nanga, Moharu, Bhurya, Mangala, Channa all sons of Ladoo with half share and Chothmal, Shyamlal, Sohanlal, Sujilal all sons of Narayana with the other half share of the land acquired.

(3.) While the compensation for the land acquired remained deposited with the jurisdictional Civil Judge, the state vide notification dtd. 22/4/1992 as modified on 14/7/1993 came out with a policy for allotment of 12% developed land in lieu of land acquired instead of monetary compensation. Thereunder khatedars whose land had been acquired but had not accepted monetary compensation could opt for 12% developed land in lieu of the land acquired instead of monetary compensation. An application was accordingly made by Chothmal, Shyamlal, Sohan Lal and Suji Lal, all sons of late Narayana. Vide letter dtd. 26/4/1994 the Special Officer, Urban Development and Housing Department sanctioned allotment of 3050.29 sq. meters developed land in lieu of the total 25419.10 sq. meters land acquired from them. Plots No.11/52 to 11/67, 11/78 and 11/79 were alloted to them. The said khatedars are stated to have entered into agreement/s to sell dtd. 2/7/1994 with the petitioners in respect of their 12% developed land (3050.29 sq. meters) allotted to them in lieu of their land acquired. They are stated to have also executed irrevocable power/s of attorney in favour of Manoharlal, the petitioner No.2 authorising him to accept the allotment of the aforesaid 12% developed land as their nominee. The khatedars on their part are also stated to have executed and submitted consent letter/s to the Rajasthan Housing Board (RHB) nominating the petitioners for allotment of land to which they were entitled to in lieu of their land acquired. It is stated that RHB in its meeting of 7/5/1994 however only alloted 2924.14 sq. meters to petitioners and their family members. A shortfall of 126.15 sq. meters land, to which the petitioners claim they were entitled to as nominee of the erstwhile khatedars remained. Pattas in respect of the land measuring 2924.14 sq. meters have admittedly been received by the petitioners and their family members on or about 7/6/1994.