RAMDEV Vs. DISTRICT COLLECTOR (RAJASTHAN)

JUDGEMENT

(1.) The petitioner has challenged the order dated 3.6.2005 (Annexure 2) by which the arbitration application has been rejected by the District Collector-cum-arbitrator.

(2.) The brief facts of the case are that the petitioner has in his possession an area of land, at his village Bandnwara, in Ajmer District along side National Highway No. 79 in between village Barel and Nasirabad. Out of the said land, 0.3 hectare of land was duly converted from non-agriculture purpose to commercial purpose. The Government, for the purpose of making the National Highway into four lane, acquired the land vide Notification No. Ka. Aa. 385(A) dated 5.4.2002. For this the petitioner was paid Rs. 2,20,634/- as compensation for 0.1 hectare of land, but no compensation was paid for the rest of 0.2 hectare of land. The petitioner moved an application before the District Collector-cum-arbitrator, National Highway, Ajmer.

(3.) The learned Counsel for the petitioner has argued that during the course of pendency of this writ petition, the petitioner has filed the conversion order dated 15.11.2000. Therefore, the petitioner contends that the land in question stood converted from agriculture purpose to non-agriculture purpose. Therefore, when the land was acquired in April, 2002, it was already converted for non-agriculture purpose. Despite the fact, the petitioner has been paid compensation amount on the basis as though the land continued to be used for agriculture purpose.