[2025:RJ-JP:39399-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 429/2024 In S. B. Civil Writ Petition No.14347/2018 1. Ashok Kumar S/o Sohanlal, Aged About 55 Years, R/o Joshi Ji Ki Kothi, Dausa, Tehsil And District Dausa. 2. Gau Sadan Dausa, Through Mahamantri Shri Shivratan Chitlangiya S/o Shri Chhaganlal Chitlangiya, R/o Jaipur. 3. Gaushala (Namolav), Through Mahamantri Shri Shivratan Chitlangiya S/o Shri Chhaganlal Chitlangiya, R/o Jaipur. 4. Jagdish Prasad S/o Kalyan Sahai, R/o Dausa. 5. Mahesh Kumar S/o Krishan Kumar, R/o Dausa. 6. Rakesh S/o Satyanarayan Chaudhary, R/o Dausa. 7. Ramvilas S/o Chhajulal, R/o Dausa Kalan (Namolav) Dausa. 8. Naresh Joshi S/o Late Shri Ramkaran Joshi, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 9. Umesh Joshi S/o Late Shri Ramkaran Joshi, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. ---Petitioner-Appellants Versus 1. Land Acquisition Officer, (S.d.o), Dausa. 2. National Highway Authority Of India, Through Project Director Unit Dausa, 87, Ganga Vihar Colony, Behind Hotel Rawat Palace, Dausa. 3. Regional Officer, National Highway Authority, F-120, Janpath, Shyam Nagar, Jaipur. 4. District Collector, Dausa. Non-Petitioner/Respondents 5. Prem Devi W/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 6. Siddharth S/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 7. Jyotsana D/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, [2025:RJ-JP:39399-DB] (2 of 5) [SAW-429/2024] District Dausa. ---Petitioners/Performa-Respondents Connected With D.B. Special Appeal Writ No. 255/2024 In S. B. Civil Writ Petition No.14347/2018 1. National Highway Authority Of India, Through Project Director Unit Dausa, 87, Ganga Vihar Colony, Behind Hotel Rawat Palace, Dausa. 2. Regional Officer, National Highways Authority, F-120, Janpath, Shyam Nagar, Jaipur. ----Appellants Versus 1. Ashok Kumar S/o Sohanlal, Aged About 55 Years, R/o Joshi Ji Ki Kothi, Dausa, Tehsil And District Dausa. 2. Prem Devi W/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 3. Siddharth S/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 4. Jyotsana D/o Late Shyamlal, R/o Joshi Ji Ki Kothi, Dausa, District Dausa. 5. Gau Sadan Dausa, Through Mahamantri Shri Shivratan Chitlangiya S/o Shri Chhaganlal Chitlangiya, R/o Jaipur 6. Gaushala (Namolav), Through Mahamantri Shri Shivratan Chitlangiya S/o Shri Chhaganlal Chitlangiya, R/o Jaipur 7. Jagdish Prasad S/o Kalyan Sahai, R/o Dausa 8. Mahesh Kumar S/o Krishan Kumar, R/o Dausa 9. Rakesh S/o Satyanarayan Chaudhary, R/o Dausa 10. Ramvilas S/o Chhajulal, R/o Dausa Kalan (Namolav) Dausa 11. Naresh Joshi S/o Late Shri Ramkaran Joshi, R/o Joshi Ji Ki Kothi, Dausa, District Dausa 12. Umesh Joshi S/o Late Shri Ramkaran Joshi, R/o Joshi Ji Ki Kothi, Dausa, District Dausa Petitioners/Respondents [2025:RJ-JP:39399-DB] (3 of 5) [SAW-429/2024] 13. Land Acquisition Officer (S.d.o.), Dausa. 14. District Collector, Dausa. ----Respondents For Appellant(s) : Mr. Rajesh Chaturvedi, Adv. in D.B. Special Appeal Writ No. 429/2024 Mr. Vishal Karnani, Adv. in D.B. Special Appeal Writ No. 255/2024 For Respondent(s) : Mr. Rajesh Chaturvedi, Adv. in D.B. Special Appeal Writ No. 255/2024 Ms. Ritika Rathore, Adv. on behalf of Mr. Vikas Soni, Adv. in D.B. Special Appeal Writ No. 429/2024 HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 24/09/2025 Both these appeals have been filed by the appellants against the common order dated 12.01.2024 passed by the learned Single Judge of this court. Learned Single Judge while passing the common order dated 12.01.2024, observed as under:- “ Heard and considered the submissions made at Bar and perused the material available on record. A perusal of the record indicates that land was acquired by the NHAI and, thereafter, an award was passed by the Competent Authority on the basis of the documents available on the record. It appears that the petitioners were not satisfied with the earlier award, hence, they submitted an application for passing amended award as per the DLC rates prevailing in the area at the relevant time when the land in question was acquired by the Authorities. Entertaining the aforesaid application/objection taken by the petitioners, the [2025:RJ-JP:39399-DB] (4 of 5) [SAW-429/2024] Competent Authority passed a fresh award on 06.01.2017 and the amount of compensation was enhanced vide order dated 06.01.2017. The aforesaid order was never challenged by any of the respondents, hence, the respondents are bound by the aforesaid order. This Court finds no force in the arguments of the counsel for the respondents that the impugned order dated 06.01.2017 has been passed by the Competent Land Acquisition Officer without jurisdiction. If the respondents were of that view then, they could have challenged the validity and legality of the subsequent award dated 06.01.2017 but they have failed to do so, hence, under these circumstances, the order dated 06.01.2017 has become final against the respondents and they are supposed to comply with the same. In view of the above, the impugned order dated 02.01.2018 is not sustainable in the eye of law and the same is liable to be quashed and set aside. Accordingly, the instant writ petition stands allowed. The respondents are directed to implement the order dated 06.01.2017 within a period of four months from the date of receipt of certified copy of this order. Stay application and all application(s) (pending, if any) also stand disposed of.” We are in complete agreement with the view taken by the learned Single Judge and we find that the NHAI has failed to challenge the order dated 06.01.2017 passed by the Land Acquisition Officer. We have also considered the fact that the appellants have not raised any grievance before the Land Acquisition Officer with regard to payment of interest. [2025:RJ-JP:39399-DB] (5 of 5) [SAW-429/2024] In that view of the matter, no case is made out for interference and hence, both the appeals failed and the same are dismissed accordingly. (BHUWAN GOYAL),J (INDERJEET SINGH),J Gourav/96-97