At, High Court of Rajasthan
By, THE HONOURABLE MR. JUSTICE MOHAMMAD RAFIQ
For the Petitioner: Sudesh Bansal, Counsel. For the Respondents: R1 & R2, Virendra Lodha, R3, R.S. Bhati, Counsels.
Mohammad Rafiq, J.
1. This court on 27.07.2009 passed following order:-
"In accordance with the order dated 17.07.2009, Mr. Virendra Lodha, submits that the particular piece of l which the RIICO was directed to allot the petitioner, cannot be allotted, as the RIICO has constructed a well on the said l . However, the RIICO is willing to allot a plot adjacent to this particular piece of l . The petitioner, on the other hand, claims that he has certain difficulties with the said plot that the RIICO is planning to allot the plot now. Both the parties are directed to go to the site and to see whether it would be feasible for the RIICO to allot the plot, and would be acceptable for the petitioner or not. List this case again on 3rd August, 2009."
2. Shri Virendra Lodha, learned counsel for respondent RIICO, has invited attention of the court towards petitioner's affidavit and submitted that alternative l measuring 300 square yard as per site plan has been allotted to petitioner vide order dated 31.07.2009 and a site plan of the plot has been enclosed with said order. It is argued that the plot is adjacent to chabutra of temple and satisfies the award of acquisition.
3. Learned Counsel for petitioner has submitted that vacant possession of the plot has so far not been handed over to petitioner and boundaries have not been earmarked. It is argued that even as per order produced by respondent RIICO, total amount of Rs. 1,04,042/- was deducted for allotment of the plot. Respondents, as per the aforesaid order dated 31.07.2009, have deducted a sum of Rs. 76,642/- towards the cost of the plot and thus differential amount ought to be returned to petitioner together with interest thereon.
4. Having regard to the facts noticed above, the writ petition is disposed of with following direction:
(1) that respondent RIICO shall hand over vacant possession of the plot as per site plan annexed with order dated 31.07.2009 within a period of a fortnight and if any encroachment is there, the State shall ensure removal of the same;
(2) that lease-deed of said plot shall be executed in favour of petitioner within a period of three months;
(3) that differential amount i.e. Rs. 27,400/-, after deducting a
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mount of Rs. 76642/- from Rs. 1,04,042/- shall be paid to petitioner with interest thereon at the rate of 6% per annum within a period of three months. Writ petition is accordingly disposed of. Writ Petition Disposed of as Above.