JAIPUR DEVELOPMENT AUTHORITY Vs. SITA RAM

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the judgment dated September 9, 1993 of the Division Bench of the Rajasthan High Court made in C.W.P. No. 1124/84 and batch.

(3.) Notification under Section 52 of the Rajasthan Urban Improvement Act, 1959 was published on October 8, 1979. Thereafter, the Jaipur Development Authority took a decision after the Jaipur Development Authority Act had come into force to continue the acquisition under the repealed Act, Consequently, fresh notification was issued on April 20, 1984. The same came to be challenged in the writ petitions. The Division Bench of the High Court has held that unless the scheme under the Jaipur Development Authority Act has been properly framed, notification issued is not valid in law. This question was considered by this Court in Pratap v. State of Rajasthan, (1996) 3 SCC 1 . In fact the decision under appeal was expressly held not a good law. This Court had held thus: