OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant writ petition has been filed challenging the land acquisition proceedings in respect of the petitioner's land.

(2.) The facts and circumstances giving rise to this case are that petitioner had purchased the land on 17.4.1975 from respondents No. 4 to 6. measuring two Bighas and two Biswas. It appears that the mutation was not made in his name and in the meanwhile, a Notification under Section 4 of the Land Acquisition Act, 1894 (for short, "the Act") dated 4.2.1997 was published in the official gazette dated 7.2.1997 and the substance thereof was also published in the local news paper on 25.2.1997. Petitioner initiated the legal proceedings for mutation and the same was allowed vide order dated 19.4.1997 and the land stood transferred in his name. Though petitioner had purchased the said land but he did not file any objection under Section 5-A of the Act and Declaration under Section 6 of the Act was made on 15.6.1998. Notices under section 9(3) of the Act were served upon the persons whose names appeared in the revenue record on the date of publication of Section 4 Notification i.e. respondents No.4 to 6 and' the Land Acquisition Collector drew the Award on 8.3.1999 and with the approval of the Collector, the same was made on 29.4.1999. Possession of the property had been taken on 25.1.1999 (Annx.10). The instant writ petition has been filed by the petitioner on the grounds that he had not been given the notice as required under Section 9(3), nor he had the opportunity to file objection under Section 5- A of the Act: Declaration under Section 6 of the Act was beyond statutory limitation and, therefore, ex-parte proceedings are bad and the same are liable to be quashed. .

(3.) In State of U.P. v. Smt. Pista Devi, the Hon'ble Apex Court has observed that where a large track of land is acquired and the land belong to large number of persons, challenging the entire acquisition at the instance of one or few persons should not be entertained, as it would hamper the development of the entire land and purpose, for which the land is sought to be acquired, would stood frustrated at the behest of few persons though the other affected persons have accepted the acquisition proceedings and accepted the award etc.