RAMDEO SINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) This appeal seeks to challenge the judgment dtd. 23/8/2007 of the learned Single Judge whereby the writ petition filed by the petitioner-appellant has been dismissed. The petitioner-appellant in the writ petition had prayed for a direction to the respondents to pay the compensation to him at the rate of Rs.180.00per square yard for his land in question acquired by the respondent no.2 with interest at the rate of 24% per annum.

(2.) Mr. Prateek Mathur, the learned counsel for the petitioner appellant, has argued that the land of the petitioner-appellant was not lawfully acquired by the respondents. The Municipal Board sent a letter dtd. 3/12/1996 to the petitioner-appellant requesting to give his consent for providing the land measuring 3506.66 square yard from Khasra no.497/2 of the village Jhunjhunu. In the said letter, the respondents simply asked the petitioner-appellant to give his consent for acquisition of the land in his ownership and possession, and the compensation price was calculated at the rate of Rs.180.00 per square yard. The petitioner appellant in reply to the aforesaid letter gave his consent to receive compensation at the rate of Rs.180.00 per square yard but also demanded a compensation of Rs.50,000.00 for demolition of his rooms and boundary wall. Subsequently, the respondents decided to enhance the width of the road from 40' to 60' and that is why the petitioner-appellant submitted the application to the Administrator, Municipal Board, Jhunjhunu, stating that he gave his consent for acquisition of his land for construction of only 40' wide road and now the Municipal Board was constructing 60' wide road, which would necessitate for demolition of his three more rooms and therefore he should be awarded further additional compensation. The learned counsel submitted that the City Monitoring Committee has illegally decided to pay to the petitioner-appellant the compensation at the rate applicable to the agricultural land, whereas the report, which the Municipal Board, Jhunjhunu, requisitioned from the Sub Registrar, Jhunjhunu, (Annexure-3) dtd. 18/11/1996, clearly stated that the sale-deed of the residential plots out of the same agricultural land of khasra no.497/2 was registered at the rate of Rs.180.00 per square yard. He, however, also additionally stated that the rate of the agricultural land in between the crossing of Mandawa Road Housing Board and Churu- Bisau Byepass was Rs.80,000.00 per bigha. He also stated that the rate of the agricultural land away from the road and the locality is Rs.52,000.00 per bigha and the rate of the agricultural land at the distance of two kilometer from the road is Rs.42,000.00 per bigha. He also stated that the DLC rate of the land is not as per khasra-wise but area-wise. The learned counsel argued that when it was proved before the City Monitoring Committee that the land in question was located in the residential area and one residential plot was sold vide sale-deed at the rate of Rs.180.00 per square yard, the City Monitoring Committee could not have unilaterally decided to pay to the petitioner-appellant the compensation at the rate of Rs.80,000.00 per bigha and that too, ignoring the offer given by the Municipal Board to pay to the petitioner-appellant the compensation at the rate of Rs.180.00 per square yard.

(3.) The learned counsel submitted that even the learned Single Judge dtd. 22/5/2007 during the pendency of the writ petition required the respondents to consider the case of the petitioner appellant in terms of the Circulars dtd. 13/12/2001 and 27/3/2005 issued by the Government in its UDH Department whereby the Government proposed to provide 15% to 20% developed land in lieu of the acquired land. The learned Single Judge also required the respondents to consider the application of the petitioner-appellant in this behalf. The petitioner-appellant was therefore required to make a suitable application. However, subsequently, the Committee headed by the Chairman of the Municipal Board in its meeting held on 12/7/2007 rejected the application of the petitioner-appellant on the premise that earlier the City Monitoring Committee, in its meeting held on 12/12/1996, had already decided to acquire the land at the rate of Rs.80,000.00 per bigha and that has attained finality and in lieu thereof the payment of compensation has also been made.