Rajasthan High Court - Jaipur
Rajeev Sarin And Ors vs U I O And Anr on 19 November, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.18250/2012 Rajeev Sarin and Others Vs. Union of India and Another Date of Order ::: 19.11.2012 Present Hon'ble Mr. Justice Mohammad Rafiq Shri Raj Kamal Gaur, counsel for petitioners #### By the Court:-
Grievance of petitioners is that award of compensation of their acquired land of Khasra No.242 situate in Dholpur City at Gulab Bagh Chauraha, treating the same as residential, is absolutely illegal and arbitrary, particularly when for the part of same land in earlier acquisition proceedings, compensation to the petitioners was granted treating the same as commercial land. It is contended that despite the petitioners approaching the respondents, they have not remedied their grievance. Petitioners are entitled to compensation for 712 square meter acquired land of Khasra No.242 of Dholpur City treating the same as commercial land, and the respondents should be accordingly directed.
Petitioners, for redressal of this kind of grievance, should approach the Arbitrator under the provisions of Section 3(5) of the National Highway Act, 1956. Petitioners may now file such application within four weeks and same shall be decided by the said authority as per the law and may not dismiss the same on the ground of delay in filing thereof.
With that direction, the writ petition is disposed of.
(Mohammad Rafiq) J.
//Jaiman//124 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW