YADU NANDAN GARG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The preliminary Notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (for short, Rs. the Act') was published in the Gazette on October 17, 1963 acquiring 99 Biswas and 17 Bighas of land in Rampura Roopa and Gopalpur villages for Rs. planned development of Jaipur city'. It comprises of Survey No. 265 admeasuring 12 bighas of the land in Rampura Roopa village. The declaration under Section 6 was published on January 7, 1991 after the improvement scheme had been finalised under the Rajasthan Urban Improvement Trust Act, 1969. In the meanwhile, the appellant had purchased 453 sq. yards, viz., 3 biswas of the land under a registered sale deed Dated 15th July, 1970. Thereafter, the notice was issued under Section 9 of the Act on April 12, 1971. The appellant filed an application for exemption on July 15, 1991 which was turned down. He also filed an objection to the notice under Section 9 regarding Survey No. 265/1. Since exemption was rejected on May 17, 1972 he filed a writ petition in the High Court. The learned single Judge by his order Dated November 15, 1979 dismissed the writ petition and the same was confirmed by the Division Bench of the High Court on July 16, 1980, in D. B. Civil Special Appeal No.194 of 1980. Thus this appeal by special leave.

(2.) Sri P. H. Parekh, learned counsel appearing for the appellant, raised three-fold contention, viz., that there is an unexplained inordinate delay between publication of the preliminary notification under Section 4(1) and the declaration under Section 6 vitiating the validity of the notification under Section 4(1). So it needs to the quashed on that premise. He further contended that Anand Nursery which is adjacent to the appellant's site was given exemption from the acquisition whereas the appellant's site used for residential purpose has not been exempted. The appellant had constructed the house and is living therein and thus this invidious discrimination offends Article 14 of the Constitution. Lastly, he contended that survey number initially mentioned was Rs. 265' whereas in the notice under Section 9 it was mentioned as Rs. 265/1' and that, therefore, the acquisition proceedings are invalid in law as it was not covered by 4(1) notification.

(3.) We do not find any substance in any of these contentions. It is seen that long after the notification under Section 4(1) was published in the Gazette, the appellant had purchased the property and constructed the house thereon. Therefore, as against the State his purchase was not lawful and it could not be used against the State to clothe it with a colour of title as against the State. It is an encumbrance against the State and when the acquisition was finalised and the possession is taken, the State under Section 16 is entitled to have the possession with absolute title free from all encumbrances. The appellant cannot get any title much less valid title to the property.