1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B.Civil Writ Petition No. 720/2008 (Rajendra and Ors. Vs. State of Rajasthan & Ors.) ......... Date of Order : 17/10/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sudhir Sharma for the petitioners. Mr. K.L.Thakur, Addl. Advocate General for the State. Mr. P.P.Chaudhary for the respondent No.3. BY THE COURT After having heard the matter finally, the counsel for the parties by an application being I.A. No.14292/08 submit that the writ petition may be disposed of in view of the “Compromise Agreement for De-acquisition” Annex.A/1 entered into by the petitioners and the respondent No.3 M/s V.S.Lignite Power Pvt. Ltd. in respect of the acquisition of land which is subject matter of the instant writ petition. The land in question is situated in village Gurha, Tehsil Kolayat, District Bikaner. A notification under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act' hereinafter) for acquisition of the land for public purpose for setting up Lignite 2 based Electricity Generation Power Plant, was issued. The notification under Section 6 r/w Section 17 (4) of the Act was also published after following due process of law. The award has been passed by the Land Acquisition Officer and as per the direction of the Land Acquisition Officer, the amount of compensation as awarded by the Land Acquisition Officer has already been deposited by the respondent No.3 company with the authorised officer of the respondent State and the possession of the land has already been handed over long back to the respondent company. However, the acquisition proceedings came to be challenged by way of instant writ petition by the petitioners who are recorded Khatedar (s)/interested person (s). During pendency of the writ petition, the petitioners and the respondent company have mutually agreed to enter into a compromise in order to settle the dispute in respect of the land in question which is subject matter of the acquisition through a “Compromise Agreement for De-acquisition” annexed with application as Annex.A/1 since the applicant company is not in immediate need of the land of the petitioners at this stage. As per the agreement, the compensation for acquisition of land as determined by the Land Acquisition Officer by an award which have been deposited by the respondent company with the Land Acquisition Officer shall be refunded to the company and the petitioners shall have no right to that 3 amount since there is de-acquisition of the land and the land will be restored to the petitioners. Since the parties have settled the dispute by the “Compromise Agreement for De-acquisition” Annex.A/1 and therefore, learned counsel for the petitioner submits that nothing survives in the writ petition and the same may be disposed of in terms of the “Compromise Agreement for De-acquisition” Annex.A/1 annexed with the application. The writ petition is therefore, disposed of in terms of the “Compromise Agreement for De-acquisition” (Annex.A/1) annexed with the application. The said “Compromise Agreement for De-acquisition” Annex.A/1 is made Rule of the Court and shall form the part of this order. The Application being I.A. No. 14292/08 stands disposed of. The respondent No.2 Land Acquisition Officer shall refund the amount deposited by the respondent No.3 company as per the award made by it in the acquisition proceeding in respect of the land in question forthwith and on such refund the possession of the land in question will be restored to the petitioners and the land in question shall stand recorded in the name of the petitioners. (H.R.PANWAR), J. rp 4 S.B.CIVIL MISC. STAY PETITION NO. 1194/2008 IN S.B.CIVIL WRIT PETITION NO. 720/08 Date of Order : 17/10/2008 P R E S E N T HON'BLE MR. JUSTICE H.R.PANWAR Mr. Sudhir Sharma for the petitioner. Mr. K.L.Thakur, Addl. Advocate General for the State. Mr. P.P.Choudhary for the respondent No.3. Since the writ petition itself has been disposed of, the stay petition also stands disposed of. (H.R.PANWAR), J. rp