Rajasthan High Court - Jaipur
Madan Lal Tak Son Of Late Shri Ganga Ram ... vs The Union Of India on 4 April, 2019
Author: Veerendr Singh Siradhana
Bench: Veerendr Singh Siradhana
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 2736/2019
1. Madan Lal Tak Son Of Late Shri Ganga Ram Tak, Aged
About 75 Years, By Caste Dhobi, Resident Of Madhu
Sadan, Kanota, Agra Road, Tehsil Bassi, District Jaipur
(Rajasthan)
2. Hukam Chand (Since Deceased) Son Of Late Shri Ganga
Ram Ji, By Caste Dhobi, Resident Of Madhu Sadan,
Kanota, Agra Road, Tehsil Bassi, District Jaipur
(Rajasthan), Through His Legal Representatives-
3. Ramesh Chand Tak, Son Of Late Shri Hukam Chand Tak,
By Caste Dhobi, Resident Of Madhu Sadan, Agra Road,
Kanota, Tehsil Bassi, District Jaipur (Rajasthan)
4. Manohar Lal Tak Son Of Late Shri Ganga Ram, By Caste
Dhobi, Resident Of Madhu Sadan, Agra Road, Kanota,
Tehsil Bassi, District Jaipur (Rajasthan)
5. Suresh Chand Tak, Son Of Late Shri Ganga Ram, (Since
Deceased), Through His Legal Heirs
6. Ramji Lal Son Of Late Shri Ganga Ram, By Caste Dhobi,
Resident Of Madhu Sadan, Agra Road, Kanota, Tehsil
Bassi, District Jaipur (Rajasthan)
7. Kailash Chand Tak, Son Of Late Shri Hukam Chand (Since
Deceased), Through His Legal Heirs
8. Smt. Kamla Devi Widow Of Late Shri Suresh Chand Tak,
By Caste Dhobi, Resident Of Madhu Sadan, Agra Road,
Kanota, Tehsil Bassi, District Jaipur (Rajasthan)
9. Surendra Kumar Tak Son Of Late Shri Suresh Chand Tak,
By Caste Dhobi, Resident Of Madhu Sadan, Agra Road,
Kanota, Tehsil Bassi, District Jaipur (Rajasthan)
10. Shailendra Kumar Tak, Son Of Late Shri Suresh Chand
Tak, By Caste Dhobi, Resident Of Madhu Sadan, Agra
Road, Kanota, Tehsil Bassi, District Jaipur (Rajasthan)
11. Smt. Rajni, Daughter Of Late Shri Suresh Chand Tak, Wife
Of Shri Rajesh Kuma Tak, By Caste Dhobi, Resident Of
Madhu Sadan, Agra Road, Kanota, Tehsil Bassi, District
Jaipur (Rajasthan), Married In Shahpura (Jaipur)-
(Rajasthan)
12. Brij Mohan Tak, Son Of Late Shri Kailash Chand Tak,
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Grandson Of Late Hukam Chand, By Caste Dhobi,
Resident Of Madhu Sadan, Agra Road, Kanota, Teshil
Bassi, District Jaipur (Rajasthan)
13. Deepak Tak, Son Of Late Shri Kailash Chand Tak, By
Caste Dhobi, Resident Of Madhu Sadan, Agra Road,
Kanota, Teshil Bassi, District Jaipur (Rajasthan)
14. Kishan Tak, Son Of Late Shri Kailash Chand Tak, By Caste
Dhobi, Resident Of Madhu Sadan, Agra Road, Kanota,
Teshil Bassi, District Jaipur (Rajasthan)
15. Ms. Kavita Tak, Daughter Of Late Shri Kailash Chand Tak,
By Caste Dhobi, Resident Of Madhu Sadan, Agra Road,
Kanota, Teshil Bassi, District Jaipur (Rajasthan)
----Petitioners
Versus
1. The Union Of India, Through The Secretary, The Ministry
Of Shipping, Road Transport And Highways, Department
Of Road Transport And Highways, New Delhi.
2. The State Of Rajasthan, Through The Chief Secretary,
Government Secretariat, Jaipur (Rajasthan)
3. The District Collector, Jaipur District, Jaipur (Rajasthan)
4. The Union Of India, Through The District Collector And
Competent Authority (Land Acquisition), (The Erstwhile
National Highway No. 11 Acquired The Land), (Now The
National Highway No. 21), Government Of India, Jaipur
Region, Jaipur (Rajasthan)
5. The Additional Collector-Iii, Government Of Rajasthan,
Competent Authority, Land Acquisition, Collectorate,
Government Of Rajasthan, Jaipur (Rajasthan)
6. Laxmi Narain (Since Deceased) Son Of Late Shri
Jagannath, Through His Legal Representative-
7. Ghan Shyam (Since Deceased) Son Of Late Shri
Jagannath, Through His Legal Representatives
8. Rameshwar Tak Son Of Late Shri Jagannath Tak, By Caste
Dhobi, Resident Of Tak House, Village Kanota, Tehsil
Bassi, District Jaipur (Rajasthan)
9. Ram Karan, Son Of Shri Rameshwar, Adopted Son Of Late
Shri Laxmi Narain
10. Bhonri Lal, Son Of Late Shri Ghan Shyam, Resident Of Tak
House, Village Kanota, Tehsil Bassi, District Jaipur
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(Rajasthan)
11. Net Ram, Son Of Late Shri Ghan Shyam, Resident Of Tak
House, Village Kanota, Tehsil Bassi, District Jaipur
(Rajasthan)
12. Puran Mal, Son Of Late Shri Ghan Shyam, Resident Of Tak
House, Village Kanota, Tehsil Bassi, District Jaipur
(Rajasthan)
13. Smt. Rukmani Devi, Daughter Of Late Shri Ghan Shyam,
Resident Of Tak House, Village Kanota, Tehsil Bassi,
District Jaipur (Rajasthan)
14. Smt. Phoola Devi, Daughter Of Late Shri Ghan Shyam,
Resident Of Tak House, Village Kanota, Tehsil Bassi,
District Jaipur (Rajasthan)
----Respondents
For Petitioner(s) : Dr. Sohan Lal Sharma For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA Order 04/04/2019 An amount of Rs. 1,04,187/- (Rupees One Lac Four Thousand One Hundred Eighty Seven), determined as compensation vide award dated 3rd March, 2007, consequent upon acquisition of the land was withheld for being not disputed.
Learned counsel for the petitioners submits that detailing out the reasons, in support of their claim for receipt of the withheld amount of compensation consequent upon award, a representation was addressed on 25th June, 2009, to the Land Acquisition Officer followed by numerous reminders and last communication being 11th September, 2017, however the effects have failed to yield the desired effect. Further, the representations (Downloaded on 27/06/2019 at 10:42:15 PM) (4 of 4) [CW-2736/2019] have failed to evoke any response and the withheld amount of compensation has not been released till date.
Upon hearing learned counsel for the petitioners and on a glance of the materials available on record so also in view of the communications addressed by the petitioners staking their claim for payment of the withheld amount of compensation; for the present, the petitioners are required to approach the Land Acquisition Officer/Rrespondent No.5-the Additional Collector-III, Government of Rjasthan, Competent authority, Land Acquisition, Collectorate, Government of Rajasthan, Jaipur, within two weeks, hereinafter, furnishing copies of the earlier communications/representations and the relevant materials in support of their claim for receipt of the withheld amount of compensation.
In case, a representation is so addressed by the petitioners within the period aforesaid; the Competent Authority as aforesaid, would do the needful to decide the same by a reasoned and speaking order as expeditiously as possible; however, in no case later than three months from the date of receipt of the representation along with a certified copy of this order.
Denial of the claim of the petitioners shall be furnished with reasons recorded and communicated to the petitioners.
With the observations and directions, as indicated above, the writ application stands disposed off.
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