ISHWAR SINGH Vs. STATE

JUDGEMENT

(1.) Since both the petitions involve identical questions, hence are being decided by present order.

(2.) To appreciate the controversy raised herein, relevant facts, in brief, are narrated. As alleged, agricultural lands measuring total 19.45 hectares of different 61 khasra numbers of village Ikran, Tehsil & district Bharatpur was acquired for utilization & construction of sewerage treatment plant (STP) and after completion of acquisition proceedings thereof, mutation of the land came to be opened & recorded in the name of Department of Public Health & Engineering Government of Rajasthan Bharatpur (STP) vide mutation entry No.1323 (Ann.1). But the land was not utilised for public purpose for which State Government intended to acquire the land.

(3.) But, for construction of sewerage treatment plant in village Nagal Gopal, Tehsil Bharatpur, State Government issued preliminary notification dt.22/10/2010 (Ann.3) U/s 4(1) of Land Acquisition Act, 1894 ("LA Act") needed for a public purpose (sewerage treatment plant (STP) and as follow up action, invoking urgency clause issued a declaration U/s 6 read with S.17(1)(4) vide notification dt. 28/06/2011 (Ann.8) while dispensing with inquiry provided U/s 5A of LA Act read with corrigendum dt.16/08/2011 (Ann.R/1 /13).