Rajasthan High Court - Jaipur
Raj Houseing Board & Ors vs Rishi Pratap & Ors on 24 August, 2012
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
In the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur S.B.Civil Misc. Appeal No.2275 of 2000 Rajasthan Housing Board and another-Appellants vs. Rishi Pratap-Respondent
Date of order ::: 24.8.2012 Present HON'BLE MS. JUSTICE BELA M. TRIVEDI Mr.Vinod Goyal for the appellants. Order BY the Court:
1. The present appeal has been filed by the appellants under section 54 of the Land Acquisition Act, 1894 challenging the order dated 14.8.1997 passed by the Civil Judge (Senior) and Addl. Chief Judicial Magistrate, Jaipur in Land Acquisition Reference No. 18 of 1986.
2. It appears that the reference was made by the Collector vide the order dated 7.10.1985 at the instance of respondent-claimant under section 18 of the Rajasthan Land Acquisition Act, 1894 in respect of compensation awarded for the acquisition of land situated in the village Sheopur, Sanganer, Bambala, Khokawas, District Jaipur.
3. The court below after hearing learned counsel for the parties and considering the evidence on record passed the impugned award on 14th August, 1997 enhancing the compensation of award amount from Rs. 24,000/- to 35,000/- per bigha and also awarded interest at the rate of 12% per annum. Being aggrieved of the said award, the present appeal has been filed.
3. It has been contended by learned counsel appearing for the appellants that the enhanced compensation was awarded by the court below without any evidence on record. He has fairly conceded that the award in question being of 1997, the compensation awarded to the respondent- claimant might have been deposited by the appellants and disbursed to the respondents.
3. Since the award dated 14.8.1997 was sought to be challenged in the present appeal which was filed in the year 2000 and since there was no stay against the execution of the said award passed about 15 years back, no purpose would be served in entertaining the present appeal at this juncture. It is very unfortunate that the appeal remained pending at the admission stage for about 12 years without any progress. Under the circumstances, the court does not find it appropriate to examine the correctness of the award in question at this juncture.
4. In that view of the matter, the appeal is dismissed.
(BELA M. TRIVEDI) J.
om/P.3/2275 cma 2000 24.8.2012.doc All corrections made in the judgment/order have been incorporated in the judgment/order being emailed. Om Prakash PA