ANANDILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PETITIONER Anandilal has filed this writ application under Art. 226 of the Constitution challenging the acquisition of lands measuring 28 Bighas and 14 Biswas situate in the town of Hindaun. The description of this land has been given by the petitioner in para No. 2 of the petition.

(2.) THE main ground of attack which has been made by the petitioner before this Court today is that the objections filed by the petitioner under sec. 52 (2) of the Rajasthan Urban Improvement Act, 1959, were heard by Prem Sukh Maheshwari who was appointed an officer on special duty, Town Planning Department, but the decision on those objections to acquire the said land was ultimately given by the substantially violative of a basic rule of natural justice. We should also like to point out that the mere fact that such a practice was current in the hearing of such matters or that it was in accordance with some standing order passed by the Minister concerned, cannot be accepted as a sound ground for the acceptance or condonation of such illegal procedure. (Para 9) Government. This procedure adopted by the Government, according to the petitioner, is violative of the fundamental principles of natural justice and the decision taken by the Government is thereby vitiated.

(3.) FOR the reasons mentioned above, the writ petition is allowed and the order passed by the Government acquiring the land of the petitioner is, therefore, quashed. Petitioner shall get his costs from the respondents. .