STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) By the impugned order, the learned Single Judge allowed the writ petitions filed by the respondents/petitioners seeking directions to determine compensation for the petitioners and others in terms of the previous judgment of the Court in Dalit Manch of Bikaner v Union of India and Ors. (S.B. Civil Writ Petition No. 2233/1985 decided on 16.9.1991).

(2.) The petitioners filed these proceedings under Article 226 of the Constitution, before the court alleging that they approached the Land Acquisition Officer, Bikaner in 1997-98, pursuant to the judgment in Dalit Manch (supra). On 6.6.2003, the District Collector by a letter stated that since the records were not available for verification, the compensation could not be granted. A similar letter was written by the Tehsildar too. The writ petitioners alleged that their lands along with the lands of others were acquired by the State of Rajasthan for use by the Union Ministry of Defence i.e. for Military and Air Force purposes. The allegation levelled was that no proceedings under the Land Acquisition Act were initiated and that the land in the area in and around village Udasar and Anoopsagar of Bikaner were forcibly taken away and occupied in 1983. This action by the respondents, especially the State, became the subject matter of proceedings in Dalit Manch (supra). The Court in Dalit Manch (supra) was of the opinion that the Central Government action in taking over possession of lands without paying compensation was contrary to law.

(3.) It was submitted that the benefits of the judgment in Dalit Manch (supra) were not confined to individuals and the writ petitioners who approached the Court, but also to others situated in identical circumstances. The Court in Dalit Manch (supra) had observed as follows:-