Court overturns compensation award in Jhalana land acquisition case

Jaipur: In a significant legal win for the state govt, the Rajasthan High Court Thursday overturned an over Rs 3 crore compensation awarded in 1990 in a longstanding land acquisition case involving prime land in patches around the city's Jhalana Doongri.The court ruled that the land, spanning over 75 bigha, stood acquired by the state govt in 1958 and therefore could not have been reacquired under the Land Acquisition Act, as was illegally done by officials at the then UIT (Urban Improvement Trust) that was later replaced by the Jaipur Development Authority.The dispute centred on Khasra numbers 21 and 22 in Jhalana Doongri, an area that now includes some of the city's prominent landmarks such as Malviya National Institute of Technology, Saras Dairy and parts of JLN Marg.According to additional advocate general Vigyan Shah, the land was originally classified as "jagir land" (type of feudal land) and was leased to one Triloki Nath Sahani in 1955. However, following the enactment of the Rajasthan Land Reforms and Resumption of Jagirs Act in 1952, the land was acquired by the state on Nov 1, 1958.Despite the land already being under state ownership, the UIT issued new acquisition notifications in 1969 and 1971. This prompted Sahani to file a claim seeking compensation of Rs 91.76 lakh in 1974. A civil judge court, in 1990, ruled in his favour, awarding compensation at the rate of Rs 40,000 per bigha, along with 30% solatium and 15% annual interest. The state govt challenged this ruling in the high court.The case, marked by a complex history of tenancy disputes, succession claims and litigation spanning seven decades, saw the state's appeal being dismissed in 1999 at the high court. That decision was later overturned by the Supreme Court, which ordered a fresh hearing in the high court in Oct 2000.The high court's single bench of Justice Ashok Kumar Jain, who presided over the appeal after the SC direction, found that the civil judge's order lacked proper legal grounding. Justice Jain held that once land was ‘resumed' (acquired) under the jagir abolition Act of 1952 and vested with the state, there was no scope for its reacquisition or payment of further compensation. The bench observed that Sahani had no legal title or possession over the land after 1958.The state govt contended that Sahani secured the compensation order by withholding important documents and not informing the state govt during the reference proceedings. The high court concurred, stating that the compensation awarded was not only legally untenable but amounted to unjust enrichment. It further ruled that any excess amount already paid must be recovered.In its judgment Thursday, the high court allowed the state govt's appeal, dismissed the compensation claim entirely and confirmed that no amount was payable to Sahani's heirs. The court also gave the state govt the liberty to initiate criminal proceedings against officials who issued the fresh land acquisition notifications in 1969 and 1971 despite the land already being in govt possession.Get the latest lifestyle updates on Times of India, along with Friendship Day wishes, messages and quotes !