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2022 DIGILAW 812 (RAJ)

Durga Ram v. State Of Rajasthan

2022-03-08

VINIT KUMAR MATHUR

body2022
ORDER 1. With the consent of counsel for the parties, the present writ petitions are heard finally and decided by this common order. 2. The present writ petitions have been filed seeking the following the relief:- 'A. The respondents may kindly be directed to comply with the circular of Department of Land Resources, Ministry of Rural Development's dated 26.10.2015 and redetermine the award of the petitioner while taking into consideration the reference date for calculation of market value as per the above circular and may re-determine the award of the petitioner while considering the DLC rate prevalent on 1.1.2014. B. The respondents may be directed to apply the multiplier factor of two instead of 1.25 since, the acquisition is by Central Government. C. The respondents may be directed to comply with the guidelines given by the Department of Land Resources, Ministry of Rural Development following the Hon'ble Supreme Court's orders and as per the clarification given by this circular;'. 3. Learned counsel for the petitioners submits that the controversy involved in the present writ petitions is covered by the judgment of this court dated 21.02.2022 passed in a batch of writ petitions led by S.B.Civil Writ Petition No.3644/2019 (Chandra Devi V/s Union of India & Ors.) alongwith other connected matters. 4. Learned counsel for the petitioners without going into the merits of the present matters made a solitary submission that in view of the judgment passed by this court in the case of 'Chandra Devi' (supra), the DLC rate prevailing on 01.01.2014 should be applied in the case of the present petitioners. 5. Learned counsel for the respondents is in agreement that the DLC rate prevalent on 01.01.2014 has been taken into consideration while determining the award in the present case, but the same is disputed by the counsel for the petitioners. 6. The counsel for the petitioners submits that he will make a representation to the Land Acquisition Officer, Public Works Department in the light of judgment passed by this court in the case of Chandra Devi (supra) for considering and applying the DLC rate prevalent on 01.01.2014, in the case of present petitioners. 7. 6. The counsel for the petitioners submits that he will make a representation to the Land Acquisition Officer, Public Works Department in the light of judgment passed by this court in the case of Chandra Devi (supra) for considering and applying the DLC rate prevalent on 01.01.2014, in the case of present petitioners. 7. In the circumstances, the present writ petitions are disposed of with a direction to the Land Acquisition Officer that in the event of filing a representation by the petitioners, the same shall be considered and decided in the light of judgment passed by this court in the case of 'Chandra Devi'. It is made clear that the DLC rate of the land in question which was prevalent on 01.01.2014 should be taken into consideration while calculating the award in the case of the petitioners. The stay petitions also stand disposed of accordingly.