Rajasthan High Court - Jaipur
Tejpal Singh vs National Highway Authority And Ors on 20 October, 2016
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
CW14043/2016
// 1 //
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
ORDER
IN
S.B. Civil Writ Petition No.14043/2016
(With Stay Application No.12509/2016)
Tejpal Singh Son of Shri Mahadev Singh, aged about 51
years, by caste Jat, resident of Ward No.1, Dhani
Kharesiyawali, Ringus, Tehsil Shri Madhopur, district
Sikar (Raj.)
...petitioner
VERSUS
1. National Highway Authority of India, through project
Director, Project implementation unit, Sikar, Plot No.
187-188, Vinayak Vihar, Piprali Circle, Jhunjhunu bye
pass, Sikar (Raj.)
2. Competent Authority/Land Acquisition Officer/
Additional district collector, National Highway No. 11,
Ringus-Sikar division Sikar district Sikar (Raj.)
3. District Collector, Sikar, district Sikar (Raj.)
4. Land Holder Tehisldar, Tehsil Shri Madhopur,
district Sikar (Raj.)
...respondents
Date of Order ::: 20.10.2016
Present
Hon'ble Mr. Justice Mohammad Rafiq
Mr. Sultan singh Kuri, counsel for petitioner
####
By the Court:-
Petitioner has filed this writ petition for a direction to the respondents not to dispossess the petitioner from the land in question without paying compensation to him in lieu of his acquired land bearing Khasra No.332/3 situated at Ringus, Tehsil Shrimadhopur, District Sikar.
Learned counsel for petitioner submits that even though the land of the petitioner measuring 0.15 hectare comprising of Khasra No.332, situated at CW14043/2016 // 2 // Ringus, Tehsil Srimadhopur, District Sikar, has been included in Notification dated 3D of National Highway Authority of India, but it has not been included in the final award and no compensation has been awarded to the petitioner in respect thereto. Despite objection of the petitioner, the respondents are seeking his dispossession from the land in question without deciding the objection and without making payment of compensation in lieu thereof.
Having regard to the facts of the case, writ petition is disposed of with a direction to the respondent no.2 - the Competent Authority/Land Acquisition Officer/Additional District Collector, National Highway No.11, Ringus-Sikar Division, Sikar, District Sikar, to decide the objection of the petitioner, pending with him, positively within a period of two months from the date a copy of this order is produced before him. Till such objections are decided, the petitioner may not be evicted/dispossessed from the land in question without due process of law, in that without payment of compensation as per the provisions contained in the National Highway Authority of India Act, 1988.
Writ petition accordingly stands disposed of. This also disposes of stay application.
(Mohammad Rafiq) J.
//Jaiman//71