Rajasthan High Court – Jodhpur
Vivek Lodha vs State Of Rajasthan And Ors. … on 21 April, 2025
[2025:RJ-JD:19059]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 4885/2018
Smt. Sangeeta Jain W/o Shri Umaid Raj Jain, R/o 296 "b"
Sardarpura, First "a" Road, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
Connected With
S.B. Civil Writ Petition No. 3855/2018
Smt. Jhamku Devi W/o Jugraj, R/o 182, Mahaveer Nagar, Pali,
District Pali.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 3859/2018
Smt. Hemlata Karnawat W/o Rajesh, R/o 14-15, Backside Of
Rainbow House, Paota "b" Road, Jodhpur.
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----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 3869/2018
Smt. Madhu Devi W/o Jeevan Ji, R/o 201, Mahaveer Nagar, Pali,
District Pali.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 3871/2018
Smt. Rajul W/o Mool Chand, R/o 182, Mahaveer Nagar, Pali,
District Pali.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
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2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 3875/2018
Smt. Vimla Devi W/o Hukami Chand, R/o 201, Mahaveer Nagar,
Pali, District Pali.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4578/2018
1. Smt. Amrati Devi W/o Nemi Chand, R/o 201, Mahaveer
Nagar, Pali, District Pali.
2. Hemlata Karnawat W/o Rajesh, R/o Mahaveer Nagar, Pali,
District Pali.
----Petitioners
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
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Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4850/2018
Vivek Lodha S/o Nirmal Chand Lodha, R/o Nirmal Deep, Plot No.
13, Paota B-2 Road, Jodhpur
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Office Land Acquisition Officer, Rohet,
District Pali, Rajasthan
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation
Ltd. ,udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4853/2018
Nirmal Chand Jain S/o Sugan Jain, R/o Nirmal Deep, Plot No. 13,
Paota B-2 Road, Jodhpur
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Office Land Acquisition Officer, Rohet,
District Pali, Rajasthan
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation
Ltd. ,udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
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----Respondents
S.B. Civil Writ Petition No. 4884/2018
Umaid Raj Jain S/o Shri N.r. Jain, R/o 296 "b" Sardarpura, First
"a" Road, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4908/2018
Nirmal Chand Jain S/o Sugan Chand Jain, R/o "nirmal Deep",
Plot No. 13, Paota B-2 Road, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4920/2018
Smt. Himadri Jain W/o Abhinandan D/o Umaid Raj Jain, R/o 296
B Sardarpura, First A Road, Jodhpur.
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----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Ma,
Rajasthan State Industrial Development And Investment
Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4923/2018
Vivek Lodha S/o Nirmal Chand Lodha, R/o "nirmal Deep", Plot
No. 13, Paota B-2 Road, Jodhpur.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Marg,
Jaipur Through Its Managing Director, Rajasthan State
Industrial Development And Investment Corporation Ltd.,
Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
S.B. Civil Writ Petition No. 4930/2018
Smt. Kriti Jain W/o Sidharath D/o Rajnish, R/o 1, Ahinsa
Complex, Near Ambedker Circle, Pali.
----Petitioner
Versus
1. The State Of Rajasthan Through The Principal Secretary,
Department Of Industries, Secretariat, Jaipur, Rajasthan.
2. Sub Divisional Officer Land Acquisition Officer, Rohet,
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District Pali, Rajasthan.
3. The Rajasthan State Industrial Development And
Investment Corporation Ltd., Udhyog Bhawan, Tilak Ma,
Rajasthan State Industrial Development And Investment
Corporation Ltd., Udhyog Bhawan, Tilak Marg, Jaipur.
4. The Senior Regional Manager, Riico, Pali, District Pali.
----Respondents
For Petitioner(s) : Mr. Pradeep Swami
For Respondent(s) : Mr. Sanjeet Purohit
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
21/04/2025
1. The petitioners have filed the present writ petitions
essentially challenging the amount of compensation awarded to
them vide order dated 10.03.2015 as also praying for compliance
of Section 26 of the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(herein after referred to as “Act of 2013”) and also with the prayer
to redetermine the amount of the award as per the market value
as given to adjoining agricultural land situated adjoining to the
land of the petitioners. For sake of convenience the prayer made
in S.B. Civil Writ Petition No. 4885/2018 is reproduced as under:-
“It is, therefore, most respectfully prayed on behalf of
the petitioner that the writ petition may kindly be allowed
and by an appropriate writ, order or direction:-
(A) The respondents may kindly be directed to
comply with the Section 26 of the Right to Fair
Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act,
2013.
(B) The respondents may by directed to
redetermine the award of the petitioner by
applying the marked value as given to land
owners of adjoining agricultural lands situated
adjoining to petitioner land which is Rs.115/- per
sq. ft.;
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(C) The respondents may be directed to
calculate market value of petitioner land in
proportionate of agricultural land of the
neighbouring land owners;
(D) The respondents may kindly be directed to
pay interest and other ancillary benefit for which
the petitioner is entitled to under the Act of 2013;
(E) Any other appropriate writ, order or
direction which this Hon’ble Court considers just
and proper in the facts and circumstances of this
case, may kindly be passed in favour of the
petitioner.
(F) Costs of the writ petition may kindly be
awarded to the petitioner.”
2. Learned counsel for the petitioners makes a submission that
for the near by agricultural land an amount of compensation paid
is much higher than the amount paid for the land of the
petitioners, which admittedly has been converted for residential
purposes. He thus, submits that there is vast variation in the
amount of compensation as regards the land of the petitioners and
the adjoining agricultural land. He further submits thus, the award
passed is cryptic and the adjudication, as far as compensation is
concerned, is in-correct as the learned Collector has not adopted
the criteria as provided under Section 26 of the Act of 2013, for
assessing and determining the market value of the land.
3. Learned counsel for the respondents has raised a preliminary
objections that against the award passed, remedy is available and
even the petitioners have approached the reference Court prior to
filing the present writ petition. One of such reference application,
wherein notice have also been issued is placed on record as
Annexure R-1 in the reply to Civil Writ Petition No.4885/2018
(Smt. Sangeeta Jain vs. The State of Rajasthan & Ors.). It has
further been submitted that the Act of 2013 is a code in itself and
any person aggrieved against the amount of compensation as
determined by the Collector under the award has alternative
efficacious remedy to approach the reference Court.
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Learned counsel for the respondents has however supported the
award and stated that the Collector has determined the market
value based upon the criteria provided under Section 26 of the Act
of 2013 only. Learned counsel has also raised an objection that
there is a gross delay in challenging the award as the same was
passed on 10.03.2015, whereas the present writ petitions have
been filed after three years delay in the years 2018. He thus,
submits that on this count also the writ petitions deserves
dismissal.
4. Admittedly, against the determination of amount of
compensation through an award, a remedy has been provided
under the Act of 2013 itself which is a complete code in itself
pertaining to Land Acquisition, Rehabilitation and Resettlement
Law. A specific provision has been made under section 64 of the
Act of 2013, which provides as under:-
64. Reference to Authority.-(1) Any person interested
who has not accepted the award may, by
written application to the Collector, require that the matter
be referred by the Collector for the
determination of the Authority, as the case may be, whether
his objection be to the measurement of the
land, the amount of the compensation, the person to
whom it is payable, the rights of Rehabilitation
and Resettlement under Chapters V and VI or the
apportionment of the compensation among the
persons interested:
Provided that the Collector shall, within a period of thirty
days from the date of receipt of
application, make a reference to the appropriate Authority:
Provided further that where the Collector fails to make such
reference within the period so
specified, the applicant may apply to the Authority, as the
case may be, requesting it to direct the
Collector to make the reference to it within a period of thirty
days.
(2) The application shall state the grounds on which
objection to the award is taken:
Provided that every such application shall be made–
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(a) if the person making it was present or represented
before the Collector at the time when he
made his award, within six weeks from the date of the
Collector’s award;
(b) in other cases, within six weeks of the receipt of the
notice from the Collector under
section 21, or within six months from the date of the
Collector’s award, whichever period shall
first expire:
Provided further that the Collector may entertain an
application after the expiry of the said period,
within a further period of one year, if he is satisfied that
there was sufficient cause for not filing it
within the period specified in the first proviso.
5. Learned counsel for the petitioners at this stage informs the
Court that the reference applications have already been dismissed.
However, the fact remain that against the order dismissing the
reference also there is remedy provided under the Act itself by
way of filing of an appeal before the High Court under Section 74
of the Act of 2013. A specific provision has been made under
section 74 of the Act of 2013, which provides as under:-
“74. Appeal to High Court.- (1) The Requiring Body
or any person aggrieved by the Award passed by an
Authority under Section 69 may file an appeal to the
High Court within sixty days from the date of Award:
Provided that the High Court may, if it is satisfied
that the appellant was prevented by sufficient cause
from filing the appeal within the said period, allow it to
be filed within a further period not exceeding sixty
days.
(2) Every appeal referred to under sub-section
(1) shall be heard as expeditiously as possible and
endeavour shall be made to dispose of such appeal
within six months from the date on which the appeal is
presented to the High Court.
Explanation.-For the purposes of this section,
“High Court” means the High Court within the
jurisdiction of which the land acquired or proposed to
be acquired is situated.
6. It is thus, clear that the petitioners have been pursuing two
remedies simultaneously. Not only this there is a gross delay in
challenging the award inasmuch as the award was passed on
10.03.2015 and the writ petitions have been filed after a gross
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delay of three years in the year 2018 only. However, without going
into all these aspects since, the petitioners has got an alternative
efficacious remedy under Section 74 of the Act of 2013, wherein
the validity of the reference order as also the award can be
challenged, no case for interference of this Hon’ble Court is made
out for, while exercising its extraordinary jurisdiction under
Article 226 of the Constitution of India. The writ petitions are,
therefore, dismissed with the liberty to the petitioners to pursue, if
so advised, the remedy under the Act of 2013 as permissible
under the law.
(SANDEEP SHAH),J
417-430-devrajP/-
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