IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.8501/2006. Balbeer Singh Vs. Union of India and ors. Date of Order:- 11/1/2008. HON’BLE MR.JUSTICE M.N. BHANDARI Shri S.N. Kumawat for the petitioner. Shri M.D. Agrawal and Shri K.Verma for the respondents. **** Learned counsel for the parties agreed that instead of deciding the application moved by the respondent No.2 for vacation of the interim-order, the matter itself should be decided finally. Counsel for the petitioner submits that respondents had acquired a part of his land on first occasion and subsequently on the second occasion; other part of the land was also acquired with inadequate compensation. On account of the acquisition of land, petrol pump established by him could not be run therefore family is facing hardship. It was therefore prayed that the respondents be restrained to undertake any exercise in regard to the acquisition of the land. Learned counsel further submitted that during the pendency of the writ petition, he had filed an additional affidavit giving out that petitioner had purchased another piece of land close to the area sought to be acquired by the respondents and in that regard khasra number has also been given in the additional affidavit being 233/3. It has been submitted that if non-petitioners are ready to consider for approval of petrol pump at new site then, he will not pursue the grievance raised in the present 2 SBCWP NO.8501/2006. writ petition, however, same would be subject to payment of compensation of the land sought to be acquired by the respondents and further right to agitate the matter in reference in case adequate compensation is not awarded. Learned counsel for the respondents submits that they have no objection to consider the case of the petitioner for approval if necessary application is moved in regard to Khasra No.233/3. However, said consideration would be made keeping in mind the guidelines issued by the MORTH. Looking to the agreement between the parties, the present writ petition is disposed of with the direction that the respondents would be at liberty to acquire the land in dispute however, if any such exercise is undertaken by them, then petitioner would be entitled for compensation. It is further directed to the respondent No.2 to consider the matter of the petitioner in regard to approval of petrol pump on Khasra No.233/3 and it goes without saying that said consideration would be made by the respondent No.2 sympathetically looking to the fact that livelihood of the petitioner is dependent on the petrol pump. It is expected from the respondent No.2 to consider the application of the petitioner, if submitted, as per the guidelines of the MORTH and necessary exercise in that regard shall be made at the earliest so that if necessary permission is granted, petitioner may establish his petrol pump subject to other approvals to be sought from the authorities concern in this regard. With the above, the writ petition is disposed of. (M.N. BHANDARI), J. anil