Rajasthan High Court - Jodhpur
Leela Devi vs National Highways Authority Of India ... on 28 March, 2023
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2023/RJJD/007708] (1 of 6) [CW-17324/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 17324/2022
1. Jatin Bhai S/o Vijay Bhai, Aged About 42 Years, Resident
Of Village Ramaniya, Tehsil Siwana, District Barmer
(Rajasthan) Presently Residing At B-11, Jai Narain Society
3, Near Nilesh Nagar, Karodiya Road, Gorwa, Vadodra
(Gujarat).
2. Ugam Kanwar W/o Arjun Singh, Aged About 63 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
3. Dinesh Kumar S/o Arjun Singh, Aged About 40 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through Chief
General Manager, Regional Office, Rajasthan F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
----Respondents
Connected With
S.B. Civil Writ Petition No. 17247/2022
1. Leela Devi W/o Bhanwar Singh, Aged About 73 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
2. Sua Devi W/o Narayan Singh, Aged About 86 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
3. Saiti Devi W/o Govind Singh, Aged About 57 Years,
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Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
4. Ugam Kanwar W/o Arjun Singh, Aged About 63 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through The Chief
General Manager, Regional Office, Rajasthan, F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
----Respondents
S.B. Civil Writ Petition No. 17251/2022
1. Raj Kanwar W/o Rajender Singh, Aged About 36 Years,
Resident Of Village Kuwarda, Tehsil Ahore, District Jalore
(Rajasthan).
2. Mahipal Singh S/o Arjun Singh, Aged About 47 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
3. Smt. Jaswant Kanwar W/o Mahipal Singh, Aged About 45
Years, Resident Of Village Sankarna, Tehsil Ahore, District
Jalore (Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through The Chief
General Manager, Regional Office, Rajasthan, F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
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3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
----Respondents
S.B. Civil Writ Petition No. 17383/2022
1. Mahipal Singh S/o Arjun Singh, Aged About 46 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
2. Jaishree D/o Govind Singh, Aged About 25 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
3. Ramesh Kumar S/o Ajeet Singh, Aged About 52 Years,
Resident Of Village Sankhwali, Tehsil Ahore, District Jalore
(Rajasthan).
4. Sua Devi W/o Narayan Singh, Aged About 69 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
5. Govind Singh S/o Bhopal Singh, Aged About 53 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through The Chief
General Manager, Regional Office, Rajasthan, F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
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----Respondents
S.B. Civil Writ Petition No. 17385/2022
1. Sarswati Devi W/o Sawai Singh, Aged About 45 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
2. Manju Kanwar W/o Ramesh Kumar, Aged About 54 Years,
Resident Of Village Sankwali, Tehsil Ahore, District Jalore
(Rajasthan).
3. Govind Singh S/o Bhopal Singh, Aged About 55 Years,
Resident Of Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through The Chief
General Manager, Regional Office, Rajasthan, F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
----Respondents
S.B. Civil Writ Petition No. 17411/2022
1. Pinky W/o Gajender Singh, Aged About 37 Years, Village
Sankarna, Tehsil Ahore, District Jalore (Rajasthan).
2. Bhawana Kanwar W/o Dinesh Kumar, Aged About 36
Years, Village Sankarna, Tehsil Ahore, District Jalore
(Rajasthan).
----Petitioners
Versus
1. National Highways Authority Of India, Through The Chief
General Manager, Regional Office, Rajasthan, F-120,
Janpath Shyam Nagar, Jaipur (Rajasthan).
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2. The Chief Engineer, Public Works Department, National
Highway, Rajasthan, Jaipur.
3. The Land Acquisition Officer Cum Sub Divisional Officer,
Ahore, District Jalore.
4. Executive Engineer, Public Works Department (National
Highway) Barmer.
5. Union of India through Secretary Ministry of Road
Highway & Transportation Government of India, New
Delhi.
----Respondents
For Petitioner(s) : Mr. Moti Singh.
For Respondent(s) : Mr. KS Rajpurohit, AAG assisted by
Mr. Rajat Arora.
Mr. Ankur Mathur.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order 28/03/2023 The amended cause-titles filed by the learned counsel for the petitioners are taken on record.
Learned counsel for the petitioners submits that the petitioners are owners of the certain land being in Khasra Nos. 1924/681 (In S.B. Civil Writ Petition No. 17324/2022), 1923/681 (In S.B. Civil Writ Petition No. 17247/2022), 1925/681 (In S.B. Civil Writ Petition No. 17251/2022), 1914/681 (In S.B. Civil Writ Petition No. 17383/2022), 1922/681 (In S.B. Civil Writ Petition No. 17385/2022), 681 (In S.B. Civil Writ Petition No. 17411/2022), which is situated at Village Sankarna, Tehsil Ahore, District Jalore.
Learned counsel for the petitioners further submits that originally when the National Highway was planned, the survey (Downloaded on 29/03/2023 at 11:48:07 PM) [2023/RJJD/007708] (6 of 6) [CW-17324/2022] required particular stretch of land to be acquired, but when it was being given final shape, the excess land has been taken.
Learned counsel for the petitioners makes a very limited prayer that the respondents be directed to give appropriate compensation for the excess land, which has been acquired by the respondents.
Learned counsel for the respondents No.1 to 4, who are present in Court, do not have any objection to such limited prayer and rather they submit that if any excess land is there, compensation right accrues to the present petitioners.
In light of such limited submission, the present petitions are disposed of with a direction to the respondents to make the compensation of the excess land in question being taken away for the National Highway, expeditiously, preferably, within a period of six months from today.
However, it shall be open for the respondents to determine the issue of excess land, if not already resolved.
All pending applications stand disposed of.
(DR. PUSHPENDRA SINGH BHATI), J.
36 to 41-/Jitender//-
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