SAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these appeals are disposed of by this common order as they are arising out of the common judgment and order dated 27. 2. 1997 passed by learned Single Judge of this Court dismissing the writ petition no. 3293/95 and 7 other allied petitions. However, out of those 8 petitioners, only 7 have challenged the said judgment and order by way of these appeals and one of them has not challenged qua him, the order has become final.

(2.) FIRSTLY, learned counsel Mr. Bhandari for all the appellants tried to raise the submission that their cannot be partial admission of the matter. He also submitted that the has never conceded before the learned Single Judge (Mr. P. K. Palli, J. as he then was) that he did not want to challenge to the notifications issued under Sec. 4 and 6 of the Land Acquisition Act, 1894 (for short the Act ). Inspite of this, his Lordship observed in writ petition no. 3293/95 that the learned counsel Mr. Bhandari conceded that no challenge is being laid to these documents/notifications issued under Sec. 4 and 6 of the Act. He submitted that earlier, the appellants have challenged the impugned notifications issued under Sec. 4 and 6 of the Act and when the award came to be passed, the same was also challenged by way of amending the petitions. He, therefore, submitted that the learned Single Judge committed a grave error in not allowing him to address the Court on the legality and validity of the notifications issued under Sec. 4 and 6 of the Act.

(3.) IN view of the above, the statement made by learned counsel Mr. Bhandari that he never conceded the challenge to the notifications issued u/s. 4 and 6 of the Act before the Hon'ble Mr. Palli, J. (as he then was) cannot be accepted.