1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 2793 of 1996 UNION OF INDIA & ORS V/S STATE & ORS Mr. MS SINGHVI, for the appellant / petitioner Mr. BL BHATI, A.G.A., for the respondent Date of Order : 2.1.2008 HON'BLE SHRI N P GUPTA,J. ORDER ----- It is most unfortunate litigation which is pending since 1996 compelling the authorities of the Union of India to litigate against the State, who assuming to be mighty authorities have demolished the buildings of the petitioner, and notwithstanding claiming such demolition to be illegal, the petitioner is only resting contented with being allotted alternative land of the same size/value and the cost of construction. On 24.4.2006 when the matter was listed, the Dy. Government Advocate was directed to seek necessary instructions from the District Administration, Barmer as to whether they are ready and willing to allot alternative land to the Railways having equal value and size with cost of construction which was standing at the site before 30.8.1996 to which no response was given. Then, the matter was listed on 7.5.2007 on which 2 day again the respondents were directed to place positively the response to the order dt. 24.4.2006 by 25.5.2007, and were ordered to place the site plan by which the possession of the land covered under Annexure-3 was taken by the State Authorities, and their specific reply to the correctness of Annexure-4 by the aforesaid date. It was also ordered that failing to make any response will result in drawing adverse inference against the respondents. The matter was ordered to be listed on 28.5.2007, while the matter has come up now, and the things are there, where they were. It is orally submitted by the respondents that a proposal was submitted collectively for this matter, and for one more matter for giving alternative land, but then he is not in a position to make available the copy of proposal for perusal of this Court, nor any such copy has been given to learned counsel for the petitioner. The matter has already remained pending for more than a decade, and looking to the above attitude of the respondents, keeping it any more pending is not going to bring any fruits. As a matter of fact the matter could have been disposed of at initial stage itself, in the light of the principles propounded by Hon'ble the Supreme court in the case of O.N.G.C. Vs. Collector of Central Excise reported in 1995 Supp (4) SCC-541. Be that as it may. Considering the totality of circumstances, now I 3 think it appropriate to direct that the D.R.M. North Western of the petitioner Railway, and the respondent no.2 Collector, Barmer shall meet on 18.1.2008 at 11 A.M. in the office of D.R.M. North Western, Jodhpur where the proposals, and counter proposals for the alternative land to be given to the petitioner being the land of equal size, and value along with the cost of construction which has been demolished as it existed before 30.8.1996 shall be settled, and modalities shall be worked out as to how, and when, the same is to be given to the petitioner. It is further directed that the modalities so worked out shall be strictly adhered to by the respondent. It is made clear that if the respondent fails to so attend the office of D.R.M. North Western, Jodhpur on 18.1.2008, the respondent shall be liable to pay a cost of Rs. 20,000/- (Twenty Thousand only) per week, till he completes the proposal. The cost to be recovered from the incumbent holding the office of respondent no.2 personally. It is further directed that if the modalities are not adhered to, the petitioner shall be free to get this order enforced as a decree of the Principal Civil Court of original jurisdiction of Barmer in accordance with the provisions of Order 21 C.P.C. Copy of this order be sent to the D.R.M. North Western, Jodhpur, and the Collector, Barmer by fax 4 immediately. The writ petition is allowed accordingly as above. ( N P GUPTA ),J. /Sushil/