GANESH RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties. These intra court appeals have been preferred assailing the validity of the acquisition made for the purpose of Vivek Vihar Scheme by the then Urban Improvement Trust, Jodhpur (referred to herein after as 'UIT, Jodhpur') now taken over by Jodhpur Development Authority, Jodhpur (referred to herein after as 'JDA, Jodhpur'). The State Government through its Urban Development Department issued a notification on 26.7.2000 under Section 4(1) of the Land Acquisition Act, 1894 (referred to herein after as the Act) and authorised the Land Acquisition Officer of UIT, Jodhpur to take necessary steps under Section 4(2) of the Act. This notification was followed by declaration issued by the State Government, Department of Urban Development. The provisions of Section 17(4) was invoked as mentioned in declaration under Section 6 of the Act, The Land Acquisition Officer of UIT, Jodhpur was authorised to take steps under Section 17(1) of the Act. Thereafter, the Land Acquisition Officer of UIT, Jodhpur issued notice under Section 9(1) of the Act on 17.4.2001. Pursuant thereto, a public notice (R/7 in SAW No. 51/07) was issued to take possession on 11.2.2003. Notice was affixed and beat of drum was also made. Thereafter, possession had been taken on 26.2.2003 vide receipt/panchnama (R/1) and it was handed over to UIT, Jodhpur on 8.8.2003 (R/6). Award was passed on 26.10.2004 determining the compensation recording a finding that possession had been taken on 26.2.2003.

(2.) It appears that only one of the writ applications i.e. CWP No. 1798/2001 had been filed before passing of the award. Other writ applications have been preferred after passing of the award.

(3.) In CWP No. 1798/2001, prayer has been made to quash the notification issued under Section 4 of the Act dated 26.7.2000 and the declaration under Section 6 of the Act dated 12.3.2001. Prayer has also been made not to disturb the possession of the petitioners over Survey No. 216 of Village Sangaria, Tehsil & District Jodhpur in area 3 bighas & 4 biswas. It is averred in the writ petition that the petitioners have purchased the land from Bhanwar Lal etc. by different registered sale deeds dated 17.1.1995. Their names have been mutated in the revenue record. In April, 2001, they came to know that the proceedings for acquisition of the land have been undertaken by the UIT. Substance of the notification issued under Section 4 dated 26.7.2000 has not been given publicity at convenient places as required. Enquiry under Section 5A of the Act has not been conducted as Section 17(4) of the Act has been invoked. The invocation of Section 17(4) was not warranted. Hence, the writ petition has been preferred and the same has been dismissed vide order dated 15.12.2006.