Mahabir Prasad vs State of Rajasthan and Others

A.K. Mathur, J.—Heard learned Counsel for the parties. I have perused the writ petition.

The petitioner by this writ petition has prayed that by an appropriate writ, order or direction the order Anx.4 dated 23.5.1992 may be quashed and set aside and the respondents may be directed to release the land of the petitioner from the acquisition and accord permission for raising the construction of hotel in Khasra No. 56.

The petitioner alongwith his partner purchased the agricultural land by registered sale-deed in village Manch Gaon. In pursuance of the Scheme centrally sponsored the notice under the provisions of the Land Acquisition Act was issued for acquiring the land situated at Manch Gaon including the land of the petitioner. In the year 1989 a proposed lay-out plan of the scheme was made in which Khasra No. 56 was shown as a hotel. The Manch Gaon area is thickly inhabitated by the residents of that area and at various places residential and commercial construction is already existing. The petitioner''s land is in plot No. 56. The petitioner also filed a writ petition challenging the acquisition of this land before this Court which came to be registered as SB Civil Writ Petition No. 3401 of 1991 and an ad-interim stay order was passed. However, a agricultural land belonging to one Shri Laxman Singh son of Shri Man Singh was purchased by the petitioner and therefore in this notification the name of the petitioner was mentioned. It is alleged that attach with the land of the petitioner, a another plot which is agricultural land (Plot No. 55) and same was also included in the notification for acquisition. Initially the plot No. 55 and 56 both the respondents wanted to acquire. The owner of plot No. 56 is Shri SPS Ahluwalia and that plot has been released from acquisition but the plot No. 56 of the petitioner has not been released, therefore, the petitioner has submitted that he should also be given the same treatment.

No reply has been filed by he respondents.

Mr. S.K. Vyas, learned Addl. Government Advocate, appearing for the respondents submits that let the petitioner may file an application for release of this plot also before the Director, Local Self Government and the Director, Local Self Government will decide the application of the petitioner whether to release this plot No. 56 from the acquisition or not after hearing the petitioner and going through the record.

In view of the submission made by Mr. Vyas, the respondent Director, Local Self Government is directed to consider the application of the petitioner for release of the plot from the acquisition for construction of hotel according to the plan and decide the matter within a period of one month from today.

With these observations the writ petition stands disposed of.