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2013 DIGILAW 422 (RAJ)

State of Rajasthan v. Bhonri Lal Thro’ LR’s

2013-02-19

AJAY RASTOGI, VEERENDR SINGH SIRADHANA

body2013
JUDGMENT 1. - Instant intra-Court appeals have been filed by appellant-State assailing judgment of learned Single judge dated 10.4.2012 directing the authorities to release additional compensation as determined in terms of order dated 7.4.2011 passed by the Land Acquisition officer to be paid to the petitioners within three months as the matter relates to acquisition of 1982. 2. As it reveals from the record that the notification dated 4.2.1982 was issued under Section 4(1) of Land Acquisition Act, 1953 ("Act 1953") and the appropriate authority sought to acquire the land ad-measuring 1887 bighas 10 biswas located in Tehsil Jaipur. The notification under Section 4(1) was followed with notification dated 16.2.1982 under Section 6 read with Section 17(1) of the Act, 1953 and indisputably possession was taken over from the khatedars on 28.8.1982 and the Land Acquisition Officer passed Award dated 12.8.1983 and computed compensation under Section 23(2) of the Act, 1953 @ Rs. 12000/- per bigha with solatium @ 10% and interest @ 4% per annum to be paid, from the date of taking possession till the date of actual payment to the khatedars/land owners for the part of their land being acquired by the State Government for public purpose. 3. Some of the khatedars/land owners whose land was acquired under the Award dated 12.8.1983 including one Ghasi submitted application under Section 18 of the Act, 1953 to the District Collector requesting him to make a reference to the competent civil Court for enhancement of compensation as they were dissatisfied with the compensation determined under the Award dated 12.8.1983. However, reference made by one of the khatedar Ghasi filed before the civil Court was numbered as Reference Land Acquisition 47/1984 and the said reference was decided by the competent Court of jurisdiction on 27.3.1992 whereunder the compensation for the land acquired from Ghasi was enhanced from T 12,000/- to T 24,000/- per bigha with solatium @ 30% and further interest @ 12% per annum to be paid from the date of Section 4(1) notification dated 4.2.1982 till the date of taking possession i.e. 28.8.1992 with further interest @ 9% per annum for the first year commencing from 28.8.1992 and thereafter @ 15% per annum till the actual payment of the enhanced compensation. 4. 4. Pursuant to order dated 27.3.1992 passed by the civil Court, Jaipur City, Jaipur in Reference Land Acquisition 47/1984, the present respondents also moved application under Section 28A of the Act, 1953, indisputably within the period of limitation, on 20.6.1992 before the Land Acquisition Officer claiming enhanced compensation in terms of order of the competent authority dated 27.3.1992 passed by the civil Court. The Land Acquisition Officer allowed their application filed under Section 28A of the Act vide order dated 7.4.2011 and directed for payment of compensation to the respondents @ Rs. 24000/- per bigha with solatium C) 30%. It was further directed that interest Cw 12% per annum be paid to the respondents on the enhanced amount as determined from the date of Section 4(1) notification dated 4.2.1982 till the date of taking possession i.e. 28.8.1982 with further interest @ 9% per annum for the first year commencing 28.8.1982 and thereafter @ 15% per annum till the actual payment of the enhanced compensation.. 5. As it reveals from the record that the State being aggrieved by the order dated ',.2011 preferred writ petition and at the same time khatedars/owners also filed it petition for implementation of the order passed by the competent authority in exercise of power under Section 28A of the Act. 6. The main thrust of submission of counsel for appellant as also before the learned Single judge was that application was filed by the respondent (khatedars) under Section 28A of the Act on 20.6.1992, pursuant to order of the competent authority dated 27.3.1992, but service was effected at a very later stage, as such they were entitled to claim interest at the same rate of 15% in terms of order of the competent authority dated 27.3.1992 from the date notice of the application under Section 28A was served and to that extent according to him the authority was not justified in granting relief to the khatedars/land owners in exercise of power under Section 28A of the Act. 7. 7. The submission made is wholly bereft of merit for the reason that Section 28A of the Act has been enacted by the legislature only with the intent that all the khatedars/land owners whose land has been acquired must be kept at par, which could be noticed by the Land Acquisition Officer while passing Award, if any order is passed at a later point of time under Section 28A of the Act benefits have to be granted in the same manner under the law and once the enhanced compensation was awarded by the competent authority vide its order dated 27.3.1992 there appears no justification to adopt different standards as regards payment of enhanced compensation including solatium and interest to other khatedars/land owners, who too were covered under the same notification whose land was also acquired and possession was taken over by the appropriate Government on 28.8.1982 and this what the learned Single Judge noticed in its order impugned and rejected the contention advanced by the counsel for appellant-State. 8. After hearing counsel for the parties at length and having gone through the material which came on record, we are of the view that once enhanced compensation was awarded to one of the khatedar/land owner all other similarly situated are also entitled for the same benefits in terms thereof under Section 28A of the Act and as regards rate of interest, the khatedar/owner is entitled to in terms of Section 34 of the Act and in the instant case, enhanced compensation has been paid in conformity with the mandate of law and that does not require any interference in the instant appeals which have been filed at the behest of State of Rajasthan.Consequently, all these appeals are wholly devoid of merit and accordingly stand dismissed.Appeal dismissed. *******