1 S.B.CIVIL WRIT PETITION NO. 3936/2009 Kishna Ram Vs. State of Rajasthan & Ors. Date of Order :: 10.8.2010 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. K.N. Joshi, for the petitioner/s. Mr. Mukul Singhvi, for the respondents. ... The application for early listing of the matter is allowed and the matter is heard finally today itself. By this petition for writ the petitioner is seeking a direction for respondents to construct a road on the land acquired from Khasra No.796 and 815 measuring 1 bigha 3 biswa in Village Modra. A direction is further sought for respondents to make the payment of compensation as referred in the award dated 4.4.1996 passed by the Land Acquisition Officer, Public Works Department, Circle III, Jodhpur. It is contended by learned counsel for the petitioner that the land in question was acquired for constructing a road but that has yet not been constructed and also that though the petitioner is entitled to receive compensation as per award dated 4.4.1996, no compensation is yet paid. A reply to the writ petition has been filed on behalf of the respondents stating therein that land in question, as a matter of fact, is encumbered one, and therefore, in view of the condition referred in the award dated 4.4.1996 no compensation could be given to the petitioner till submission of a non-encumbrance certificate. It is also stated that 2 the construction of the road has already been undertaken and only a small patch is yet to be completed. Having considered the arguments advanced and looking to the condition referred in the award dated 4.4.1996 that the tenant is required to furnish a certificate issued by the competent authority regarding non-encumbrance of the land, I do not consider it appropriate to issue a direction to the respondents to make payment of compensation to the petitioner. It shall be open for the petitioner to satisfy the respondent No.3, either by submitting required certificate or otherwise, that the land is not encumbered one. The respondents, on being satisfied as such, will make the payment of compensation as per award dated 4.4.1996 to the petitioner. The entire exercise in this regard is required to be made within a period of three months from the date of submission of the certificate by the petitioner or submitting satisfactory proof that the land in question was non-encumbered. It is expected from the respondents that they will complete the work of road expeditiously as far as possible within a period of one year from today. The petition for writ stands disposed with the observations aforesaid. (GOVIND MATHUR), J. Jgoyal '