Research › Search › Judgment

Rajasthan High Court · body

2010 DIGILAW 1058 (RAJ)

Samiri v. State of Rajasthan

2010-05-19

AJAY RASTOGI

body2010
JUDGMENT 1. - Since all these petitions involve common question, hence were heard together and are being disposed of by present order. 2. Acquisition proceedings were initiated by the respondent under the Act,1894 and after passing of the final award, the land finally vested with the State Government, however instant petitions have been filed by respective petitioners/khatedars who have not accepted cash compensation as awarded by the land acquisition officer while passing its award under section 11&12 of the Act and their grievance is that the land may be allotted to them as compensation in terms of the Government policy decision dated 27.10.05. 3. As observed supra, petitioners are not aggrieved with the acquisition proceedings in these petitions and the question raised is with regard to allotment of developed land in terms of policy decision of the State Government dated 27.10.05 to individual petitioner/khatedar 4. Counsel for respondent has informed to this Court that during pendency of the proceedings before the land acquisition officer grievance was raised for allotment of land in compensation in terms of policy decision dated 27.10.05 which was not agreeable to UIT, Alwar for whom the land was acquired and accordingly land acquisition officer has rejected their claim as referred supra in regard to land in compensation in terms of the policy decision of the State Government and cash compensation has been deposited with the civil court. 5. The State Government has taken a decision to grant land in compensation in terms of its policy decision and it is at least binding upon the state authorities and it is always open for the khatedars whose land has been acquired, either to get cash compensation as determined by the Land Acquisition Officer or land in compensation in terms of the policy decision of the Government. But at the same time it is made clear that such petitioners/khatedars who have accepted cash compensation, they are not entitled to claim land in compensation in terms of the policy decision of the Government. 6. Consequently, all these writ petitions stand disposed of with the direction that on their claims being submitted by the individual petitioners/khatedars before the Land Acquisition Officer within 15 days from today, he shall examine the same and will pass appropriate orders in terms of the policy decision of the Government dated 27.10.05 for allotment of land in compensation within a month thereafter in accordance with law. A copy of this order may be sent to Land Acquisition Officer, Alwar for necessary compliance.Petition Disposed of. *******