URGENT-LEGAL NOTICE-CONTEMPT

Dated: xx.xx.xxxx
To,

1. The Principal Secretary,

xxxxxx

2. The Commissioner,
xxxxxx

3. The Land Acquisition Officer,

xxxxxx

Sub: Legal Notice before initiating Contempt Proceedings for

willful disobedience and non-compliance of the
directions given by the Hon’ble Rajasthan High Court in
the judgment dated xxxxxx passed in S.B. Civil Writ
Petition No. xxxxxx and which were further reviewed
and clarified vide Judgment dated xxxxxx passed in S.B.
Review Petition No. xxxxxx, on behalf of my client
xxxxxx S/o xxxxxx, Resident of xxxxxx.

Dear Sir,

Under the instructions and on behalf my client xxxxxx S/o xxxxxx,

R/o xxxxxx, I serve upon you this legal notice before initiating contempt
proceedings as under:-

1. My aforesaid client states that a Notification under Section 4 of the

Land Acquisition Act, 1894 was issued on xxxxxx for acquiring land
of my client for the purpose of construction of road. Subsequently,
Declaration under section 6 of the LA Act 1894 along with urgency
clause u/s 17 was issued on xxxxxx. Thereafter, interim estimated
compensation u/s 17 (3A) (a) of LA Act 1894 was paid to xxxxxx and
others on xxxxxx.
2. My aforesaid client further states that xxxxxx and others (Including
my client) filed SB Civil Writ Petition No. xxxxxx before Hon’ble
Rajasthan High Court seeking allotment of 25% developed land in
lieu of compensation for their acquired land as per the various
government circulars and policies. Subsequently, after coming into
force of the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter
referred to as new Land Acquisition Act, 2013), the writ petition was
amended and prayer was made to declare the acquisition as having
lapsed under section 24 (2) of New Land Acquisition Act, 2013.

3. My client states that the aforesaid writ petition was decided on

xxxxxx and while the prayer for lapse of acquisition u/s 24 (2) of the
New Land Acquisition Act, 2013 was rejected by the Hon’ble Court,
the State Government was directed to determine the compensation
of the land under acquisition as per the provisions of section 24 (1)
(a) of the New Land Acquisition Act, 2013 since admittedly the
award in the acquisition proceedings initiated under the Land
Acquisition Act, 1894 was not passed till 01.01.2014.

4. My aforesaid client further states that he could learn that the Land
Acquisition Officer was preparing the award and determining the
compensation by considering the market value of the land on the
date of issuance of notification u/s 4 of the Land Acquisition Act,
1894 and apprehending such an action, xxxxxx and others
(including my client) filed review petition before the Hon’ble
Rajasthan High Court bearing SB Civil Review Petition No. xxxxxx
on xxxxxx, which came to be decided on xxxxxx and direction was
given to the State Government to determine the market value of the
 land as on 01.01.2014. Consideration to judgment of Allahabad
High Court of Hori Lal Vs. State of U.P. was made where the order of
the Central Government dated 26.10.2015 was considered and
accordingly it was clarified that the relevant date for determining
market value of the land while calculating compensation u/s 24 (1)
(a) of the New Land Acquisition Act, 2013 shall be 01.01.2014.

5. My client states that the State Government filed DB Special Appeal

against the order of review petition as well as the writ petition and
claimed that market value as on the issuance of the date of
notification u/s 4 of the Land Acquisition Act, 1894 shall have to be
considered while calculating the compensation u/s 24 (1) (a) of the
New Land Acquisition Act, 2013. The D.B. Special Appeal (Writ)
came to be heard at length by the Hon’ble Rajasthan High Court on
xxxxxx, when after hearing the counsel for the State Government as
well as the Counsel for my client and xxxxxx & Others, the Hon’ble
Court was pleased not to stay the operation of the Judgments dated
xxxxxx and xxxxxx and was further pleased to Admit the Appeal and
directed both parties to submit written arguments. Therefore, the
Hon’ble High Court did not grant any interim relief in favour of the
state government and the Judgments of the Hon’ble Single Bench
continue to be operative. Therefore, the State Government is bound
to determine the compensation for the land of my client and xxxxxx
& Others calculating the market value as it existed on 01.01.2014
and the parameters as per the New Land Acquisition Act, 2013 have
to be applied while calculating the said compensation.

6. Even otherwise, the issue in respect of determination of the date on

which the market value of the property under acquisition has to be
considered has been settled by the Allahabad High Court and the
 Supreme Court at various occasions and the land mark case in this
respect is that of Krishna Autar and Ors. Vs. State of U.P. & Ors.,
judgment dated 18.04.2017 which has been upheld by the Hon’ble
Supreme Court vide judgment dated 14.11.2017. Similar issue
holding the relevant cut of date for determination of market value as
01.01.2014 has been decided by the Hon’ble Supreme Court India in
the case of Aligarh Development Authority Vs. Megh Singh & Ors.
vide order dated 12.02.2019 and also in the case of Hori Lal Vs.
State of U.P. decided by the Allahabad High Court on 09.03.2017
and upheld by the Hon’ble Supreme Court of India vide judgment
dated 05.02.2019.

7. Therefore, the issue in regard of the cut off date for determination of
market value of the land for calculation of compensation in matters
falling u/s 24 (1) a) of the New Land Acquisition Act, 2013 has been
fixed as 01.01.2014 by the Government of India, exercising powers
u/s 113 of the New Land Acquisition Act, 2013 and the same has
been upheld time and again by Allahabad High Court and the
Supreme Court of India.

8. When there is no stay on the operation of the Orders of the Hon’ble

Single Bench of the High Court in the Appeal filed by the state
government before the Hon’ble Division Bench, there remains no
justification behind not complying with the directions issued by the
Hon’ble Single Bench and by not making compliance and willfully
disobeying the Orders of the Hon’ble High Court, you the addresses
have made yourselves liable to be prosecuted for committing grave
contempt of the directions of the Hon’ble High Court.

I, therefore, call upon you the addresses to determine the

compensation for the land of my client and xxxxxx & others acquired by
the state government as per the market value existing on 01.01.2014 as
per the Judgment passed by the Hon’ble Rajasthan High Court as well as
various judgments of the Supreme Court, which were considered by the
Hon’ble Rajasthan High Court also, and pass a revised compensation
award for the land of my client and xxxxxx & others within a period of
five days from the date of receipt of this legal notice, and send a copy of
the same to my client and to my office also, failing which, my client shall
be constrained to initiate appropriate proceedings against you for having
committed grave willful contempt of the directions passed by the Hon’ble
Rajasthan High Court, and for which, the entire liability of costs and
consequences shall be yours alone. Please take note of it and be well
advised.
Thanking you.
Yours sincerely,

(Sarthak Rastogi)
Advocate