AJAY SINGH Vs. DISTRICT COLLECTOR JAIPUR

JUDGEMENT

(1.) Instant petition has been filed assailing notification dt.12/04/2010 (Ann.1) issued in exercise of powers Under Section 4(1) of the Land Acquisition Act, 1894 for acquisition of land admeasuring 12960 sq. mtr (18 x 270) out of agricultural land bearing Khasra No. 6/1 in village Chittora Tehsil Phagi (Jaipur).

(2.) It is not in dispute that after publication of notification Under Section 4(1) of the LA Act, objections were filed by petitioner Under Section 5A and no action has further been taken by the authority to make any declaration as referred in Section 6 or 17 of the Act, so far.

(3.) Counsel submits that action of the authority in issuing notification Under Section 4(1) of the LA Act is wholly arbitrary, malafide and without application of mind. Counsel has further tried to persuade this Court on the proposed site plan of the land being intended to be acquired under notification impugned. Taking assistance whereof, Counsel submits that the road which the State Government wants to construction after acquiring the land through process being initiated under notification impugned in no manner is going to serve any purpose and this action of the appropriate Government is only for an ulterior reasons despite the fact that SDO Phagi has given negative report as is evident from letter dt.24/12/2009 (Ann.8).