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2025 DAILYLAW 14706 (RAJ)

CHUNNI LAL S/O SHRI PURARAM v. JAIPUR DEVELOPMENT AUTHORITY

SAW/311/2025 · 2025-04-17

Anand Sharma, Manindra Mohan Shrivastava

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Judgment text

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[2025:RJ-JP:16345-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 311/2025 1. Chunni Lal S/o Shri Puraram, Aged About 74 Years, R/o Village Golyawas, Teshil Sanganer, District Jaipur (Since Deceased Through His Legal Heirs) 1/1. Shankar Lal Sharma S/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 1/2. Kailash Chand Sharma S/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 1/3. Hanuman Sahai Sharma S/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 1/4. Radheshyam Sharma S/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 1/5. Ashok Sharma S/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 1/6. Rampyari Devi W/o Late Shri Chunni Lal Sharma, R/o Opp. Heera Path Petrol Pump, Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 2. Smt. Sara Devi W/o Late Shri Ramkishore Sharma, R/o Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 3. Radhamohan S/o Late Shri Ramkishore Sharma, R/o Shankar Vatika, Golyawas, Tehsil Sanganer, District Jaipur 4. Chanda Lal Sharma S/o Late Shri Govind Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur 5. Kamla Sharma D/o Late Shri Govind Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur 6. Manju Devi D/o Late Shri Govind Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur 7. Ramnarayan Sharma S/o Late Shri Puram Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur (Since Deceased) Through Lrs 7/1. Ramswaroop Sharma S/o Late Ramnaryan Sharma, R/o House No.90-91, Shankar Vatika Golyawas, Tehsil [2025:RJ-JP:16345-DB] (2 of 4) [SAW-311/2025] Sanganer, District Jaipur 7/2. Lalaram Sharma S/o Late Ramnaryan Sharma, R/o House No.90-91, Shankar Vatika Golyawas, Tehsil Sanganer, District Jaipur 7/3. Surajmal Sharma S/o Late Ramnarayan Sharma, R/o House No.90-91, Shankar Vatika Golyawas, Tehsil Sanganer, District Jaipur 7/4. Ghisi Devi W/o Late Ramnarayan Sharma, R/o House No.90-91, Shankar Vatika Golyawas, Tehsil Sanganer, District Jaipur 7/5. Rampyari Devi D/o Late Ramnarayan Sharma W/o Shankar Lal, R/o Village And Post Bhamoriya, Tehsil Sanganer, District Jaipur 7/6. Shanti Devi D/o Late Ramnarayan Sharma W/o Ramu Sharma, R/o Village Keshavpura, Via Bhankrota, District Jaipur 8. Shanti Devi W/o Late Shri Govind Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur 9. Ani Lal Sharma S/o Late Shri Puram Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur (Since Deceased) Through Lrs 9/1. Prabhati Devi Widow Of Aani Ram, R/o Plot No. 89, Shankar Vatika, Village Golyawas, Tehsil Sanganer, District Jaipur 9/2. Krishan Sharma S/o Aani Ram, R/o Plot No. 89, Shankar Vatika, Village Golyawas, Tehsil Sanganer, District Jaipur 9/3. Vishnu Sharma S/o Aani Ram, R/o Plot No. 89, Shankar Vatika, Village Golyawas, Tehsil Sanganer, District Jaipur 9/4. Pooja D/o Aani Lal, R/o Plot No. 89, Shankar Vatika, Village Golyawas, Tehsil Sanganer, District Jaipur 9/5. Mamta Devi D/o Aani Lal W/o Shankar Lal, R/o Village Chawarpura, Tehsil Bassi, District Jaipur 9/6. Kali Devi D/o Aani Ram W/o Madan Lal, R/o Village Chawarpura, Tehsil Bassi, District Jaipur 9/7. Nanchhi Devi D/o Aani Ram W/o Mahesh, R/o Village Mohanpura, Tehsil Sanganer, District Jaipur 9/8. Manisha D/o Aani Ram W/o Vishnu, R/o Village Mohanpura, Tehsil Sanganer, District Jaipur [2025:RJ-JP:16345-DB] (3 of 4) [SAW-311/2025] 10. Sonu S/o Late Shri Govind Ram, R/o Golyawas, Tehsil Sanganer, District Jaipur 11. Meera Devi W/o Sitaram D/o Late Shri Ramkishore, R/o Village Banskho, Tehsil Sanganer, District Jaipur 12. Manni Devi W/o Raju Lal Sharma, R/o Village Banskho, Tehsil Sanganer, District Jaipur ----Appellants Versus 1. Jaipur Development Authority, Through Secretary, Indra Circle, Jawahar Lal Nehru Marg, Jaipur 2. Dy. Commissioner, Zone Prn South-Ii, 19. Mansarovar, Thadi Market, Jaipur 3. Babubali Nagar Vistar Vikas Samiti (Registered), Plot No.6, Bahubali Nagar Vistar, Golyawas, Mansarovar, Jaipur-302020 Through Secretary Shri Pankaj Sharma S/o Shri R.k. Sharma ----Respondents For Appellant(s) : Mr. RS Bhardwaj For Respondent(s) : Mr. Sandeep Pathak with Mr. Pankaj Sharma HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA Order 17/04/2025 1. Heard on admission. 2. The submission of learned counsel for the appellants is that the appellants had a strong prima facie case with regard to entitlement to compensation and also grant of 25% of developed land, which has been provided to other khatedars whose lands were acquired in the land acquisition scheme of Prithviraj Nagar under an award dated 13.04.1991. It is submitted that the appellants’ claim was wrongly rejected by the Tribunal, against [2025:RJ-JP:16345-DB] (4 of 4) [SAW-311/2025] which the writ petition has been preferred. In the meantime, the respondents are proceeding to make allotment of land. It is submitted that if no compensation either in monetary form or in lieu thereof grant of 25% of developed land is provided, the appellants shall suffer irreparable injury. 3. The record shows that the dispute is a long standing one and it has a chequered history. The Tribunal has rejected the claim of the appellants. The entitlement of the appellants to receive compensation or land in lieu thereof is under serious dispute. 4. Taking this into consideration, the learned Single Judge has exercised its discretion not to pass any interim order. The exercise of discretion by learned Single Judge cannot be said to be patently illegal or perverse. The reliefs sought in the writ petition by the petitioners can be granted in the event their petition is allowed, both in terms of grant of compensation or in lieu thereof allotment of developed land. Therefore, no case for interference is made out. 5. The appeal is, accordingly, dismissed. Pending application, if any, also stands dismissed. (ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ KAMLESH KUMAR-RAHUL/11