1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR S.B.Civil Writ Petition No.314/1995 Bhanwar Lal Choudhary & Ors. Vs. State of Rajasthan & Ors. Date of Order :- 06.05.2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.S.P. Sharma, for the petitioners. Mr.K. Verma, Addl.G.A. for the State. The petitioners have challenged the acquisition of their land for the construction of a dam on Galwa river, known as “Galwa Dam”. According to an affidavit filed by the State, although initially it was proposed that the height of the dam would be increased from 19 fts. to 23 fts., but subsequently, the height of the dam has been increased only upto 20 fts. i.e. it has been increased only by a foot. Initially, keeping in mind that the height of the dam would be increased upto 23 fts., a notification for acquisition of land was issued whereby it was shown that the land of the petitioners would be acquired for the purpose of construction of the said dam. However, subsequently, as the height of the dam was kept at 20 fts., the land of most of the petitioners has 2 not been acquired. In fact, the land of only seven petitioners has been acquired, whereas the land of remaining twenty-nine petitioners has not been acquired. According to the affidavit filed by the State, those persons whose land has been acquired as Shri Bhanwar Lal, Shri Ladu Lal and five others, they have already been paid the compensation. Since the land of the other twenty- nine persons has not been acquired, there is no question of payment of any compensation to them. In the affidavit, the State has also given an undertaking that in case, a person were to prove to the satisfaction of the State Government that his land has been acquired and no compensation has been paid, the State would be willing to compensate him/her. Mr. S.P. Sharma, the learned counsel for the petitioners, states that in order to file a counter affidavit to the affidavit mentioned above, he has tried to contact the petitioners. But none of them have contacted him. Therefore, he pleads “no instructions”. Considering the fact that an affidavit has been filed, considering the fact that the 3 petitioners have not shown any interest to counter the same, this Court deems it proper to dispose of this petition with the observation that in case, any of the petitioners are aggrieved by the fact that no compensation has been paid to them, they may file their representation before the concerned authority. The concerned authority is directed to sympathetically considered their representation. In case, their land have been acquired by the State, the State shall pay the necessary compensation to the petitioners within three months from the date of the receipt of the representation. With these observations, this writ petition is disposed of. No costs. (R.S.CHAUHAN)J. Manoj Solanki