KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING the matters inter connected and arising common question for consideration these petitions are considered by the common judgment.

(2.) BRIEF facts of the case, as per the petitioners, are hat the land under their tenancy came to be acquired for housing purposes by the Rajasthan Housing Board under the Land Acquisition Act, 1894 (hereinafter referred to as, 'the Act'). The notification under Section 4 of the Act was published on 2.11.2007 and the declaration under Section 6 of the Act was made on 22.1.2009. The acquisition is assailed on two counts and those are :

(3.) THE first submission of the petitioners does not require much consideration as the facts given by the respondents establishes it well that the declaration as per Section 6 of the Act was made within the term prescribed. However, the second contention deserves lucid (consideration, and looking to that, this court on 15.11.2010 directed the respondents to make available the original record pertaining to the compliance of the provisions of Section 5-A of the Act. THE record called for and provided by learned counsel for the respondents deserves narration in detail. It reveals from perusal of it that at the first instance acquisition of the land measuring 120 bighas and 30 biswas was sought as per Section 27 of the Rajasthan Housing Board Act, 1970, for housing purposes. A detailed note was submitted by the petitioners alleging mala fides, non-genuine public purposes, un-feasibility of land for housing purpose etc. After certain deliberations with the State Minister for Urban and Housing Development a request was made by the housing board to the appropriate government to publish a notification as per Section 4 of the Act and the same was accordingly issued on 2.11.2007. A report as per the provisions of Section 5-A of the Act was sent by Special officer, Urban Development and Housing Department under forwarding letter dated 21.8.2008. THE letter aforesaid reads as under: <IMG>JUDGEMENT_1023_RAJLW2_2011Image1.jpg</IMG>