JODHA Vs. JAIPUR DEVELOPMENT AUTHORITY AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed by Khatedar & seller of his half share (24 bighas & 8 biswa) in agricultural land bearing Khasra Nos.201 & 202 measuring total 48 bighas 16 biswa situated in village Khatipura Beed, Tehsil/District Jaipur, seeking mandamus against respondent No.3 (Land Acquisition Officer, JDA) to refer the dispute to Civil Court arising out of Award dt.26/06/89 (Ann.1).

(2.) Notification Under section 52(2) of Rajasthan Urban Improvement Act, 1959 ("UI Act") was issued and published in official gazette dt.10/10/79 intending to acquire agricultural land situated in village Khatipura Beed including land alleged to be share of petitioner in Khasra NO.201 & 202 measuring 24 bighas 8 biswa. It was followed by notification dt.20/04/84 Under section 52(1) declaring the acquired land being needed for public purposes; and being vested in State Government. Thereafter notice dt.21/04/87 (Ann.R.5/3) Under Sec. 9 & 10 of the Land Acquisition Act, 1984 ("LA Act") was issued to Khatedar (petitioner) by respondent-3 (LAO) for submitting claim for determination of compensation; and after considering respective claims and objections filed by "persons interested", Award dt. 26/06/89 (Ann.1) was passed putting condition that payment of compensation would be made only after production of title over the acquired land in dispute. Petitioner alongwith Hathroi Girh Nirman Sahkari Samiti filed CWP-2434/92 before this Court assailing Award dt.26/06/89 (Ann.1) and prayed for inter-alia ad infra:

(3.) It was also pleaded in para 13 of CWP- 2434/92 inter-alia that petitioner Society after taking possession of the land chalked out plan of housing scheme dividing it into 347 plots; and allotted the plots to its members who accordingly are in possession whereof. CWP- 2434/92 came to be dismissed on 27/08/97 for want of prosecution.