A.K. Ganguly JUDGMENT
G.S. Singhvi, J.
1. These appeals filed by the Jaipur Development Authority against judgment dated 29.7.2002 of the Division Bench of the Rajasthan High Court, Jaipur Bench are illustrative of how unscrupulous elements within the State apparatus connived with the private individuals and succeeded in partly frustrating one of the most ambitious schemes framed by Urban Improvement Trust, Jaipur (for short, "the Trust") (predecessor of the Appellant), which came to be popularly known as Lal Kothi Scheme, for construction of new building of the Legislative Assembly, educational institutions, stadium complex, district shopping centre, MLA quarters etc.
2. By notification dated 13.5.1960 issued under Section 4 of the Rajasthan Land Acquisition Act, 1953 (for short, "the 1953 Act"), which was published in the official gazette dated 29.6.1960, the State Government proposed the acquisition of 552 bighas 8 biswas land of village Bhojpura and Chak Sudershanpura for planned development of Jaipur city. The land was to be utilised for the purpose mentioned in the preceding paragraph. Declaration under Section 6 was issued on 3.5.1961 and was published in the official gazette dated 11.5.1961. Thereafter, notice dated 18.7.1961 was issued to the land owners (Khatedars) under Section 9(1) and (3). Initially, 65 Khatedars filed claims for compensation but this figure swelled to more than 137 because those who purchased land from the Khatedars after publication of the notification issued under Section 4 and their nominees/sub-nominees also filed claims for compensation. The second category of persons included Shri Ganesh Narayan Gupta, Advocate and Dr. Bhagwan Das Khera, both of whom managed to purchase portions of the acquired land from one of the Khatedars, namely, Shri Vijay Lal son of Ram Sukhji. The Land Acquisition Officer, Jaipur passed an unusual award dated 9.1.1964 whereby he not only determined the amount of compensation payable to the landowners and the beneficiaries of illegal transfers, but also directed allotment of plots measuring 1000 to 2000 square yards to the owners, their transferees and nominees/sub-nominees out of the acquired land.
3. After passing of the award, Shri Ganesh Narayan Gupta filed execution application and succeeded in getting an order for delivery of possession of 1500 square yards land in the Lal Kothi Scheme. The revision filed against the order of Executing Court was dismissed by the High Court and in that sense, the order passed by the Executing Court became final. However, as will be seen hereinafter, in view of the judgment of this Court in Jaipur Development Authority v. Radhey Shyam MANU/SC/1562/1994 : (1994) 4 SCC 370, all such orders and judgments will be deemed to have become nullity.
4. In the meanwhile, 12 of the awardees filed applications for enhancement of the compensation. District Judge, Jaipur City, Jaipur accepted their claim. Simultaneously, he rejected the objection raised by the State Government that the Land Acquisition Officer did not have the jurisdiction to allot land in lieu of or in addition to the monetary compensation. The appeals filed against the judgment of the learned District Judge were disposed of by the High Court on the basis of compromise arrived at between the awardees and the Trus........