STATE OF RAJASTHAN Vs. HAJARI RAM

JUDGEMENT

(1.) This appeal and the twenty"one appeals mentioned in Schedule 'A', arise out of the judgment dated 9-101995 passed by the learned single Judge. The controversy raised, grievances expressed and the relief sought are the same and as such they are, therefore, being disposed of by this common judgment. For the convenient disposal of these appeals, the facts of D.B. Civil Special Appeal No. 373 of 1996 (State of Rajasthan and others v. Hazari Ram) are taken into consideration.

(2.) The land of petitioner-respondent Hazari Ram as well as the land of other petitioner-respondents in these appeals, in which they were holding the Khatedari rights, were acquired by the State Government for Mahajan Field Firing Range, Bikaner. To rehabilitate these persons and the families, who were dispossessed from the Mahajan Field Firing Range, Bikaner, a Notification No. F. 3(8) GSR.162/Reve./Col./81 dated 23-11-1985 was published in the Rajasthan Gazette Extraordinary Part IV-C (I) dated 10-1-1986 (at page 339) to offer Baranil/ command /uncommand land in Bikaner district and in the I.G.N.P. area and out-side such area. In pursuance to this Notification, all the displaced persons including respondent-petitioner Hazari Ram, whose land were acquired from Mahajan Field Firing Range, Bikaner, were allotted agricultural land. Petitioner-respondent Hazari Ram was allotted 40 Bighas of land and he was asked to deposit a sum of Rs. 12,000/ - @ Rs. 300/- per Bihga - the rate fixed by the Notification dated 23-11-1985. This Notification was issued by the State Government in exercise of the powers conferred by Rule 24 of the Rajasthan Colonization (Allotment and Sale of Government Land in Indira Gandhi Canal Colony Area) Rules, 1975 read with Rule 17 of the Rajasthan Land Revenue (Allotment of Land for Agricultural Purposes) Rules, 1970 and Section 264 of the Rajasthan Land Revenue Act, 1965. Hazari Ram deposited the whole price of the land in the State Treasury on 14-8-1986 vide Annexure 1.

(3.) On 9-2-1987, the Sub-Divisional Officer (North), Bikaner again issued a Demand Notice requiring the petitioner-respondent to deposit Rs. 31,500/- in the State Treasury on the ground that 35 Bighas of land out of 40 Bighas, allotted to him, was Johad Paitan land and, therefore, the price of the land, as per the proviso to Rule 17, should have been four times of the price of the Barani land and while issuing the earlier demand note the land has been treated as an ordinary Barani land. He was, therefore, asked to pay the balance amount of Rs. 31,500/-. Shri Hazari Ram, in pursuance to this demand notice Annexure 2, deposited the amount of Rs.31,500/- in the State Treasury on 15-4-1987 vide Annexure 3. After the allotment of the land to the displaced persons/families of Mahajan Field Firing Range, Bikaner, the land allotted to 54 persons became the command land in the year 1987. The State Government issued a letter to the Commissioner (Colonization), Bikaner stating therein that as the land allotted to 54 displaced persons from the Mahajan Field Firing Range became a command land due to supply of water in Rajmalsar Minor (Distributory) and Jaimalsar Minor (Distributory), therefore, an option may be given to the allottees whether they want to retain the possession over this command land or not, and if they do not want to continue with the possession of the command land then equal Barani land may be allotted to them, but if they want to continue with the possession of the command land then upto 35 Bighas of command land may be allotted to them and they may be charged double of the fixed price of the command land and over and above 35 Bighas of land, the price of the remaining land will be charged as per the market rate.