DARSHAN SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged notifications dated 16.2.1987 and 7.11.1989 issued by the Government in agricultural department for acquisition fo the land of the petitioner.

(2.) THE petitioner has stated that he has got agricultural land in Khasra Numbers 47, 52, 53, 54, 55 and 56 in village Ramganjmandi disrtict Kota. He is also hold in 88 years lease in respect of Abadi land No. 53,54 and 55 measuring in all 8 biswas. These lands are actual situated Rosli (Ramganjmandi). The land of the petitioner was earlier acquired under Notification dated 31.5.1978 issued Under Section 4 of the Rajastnan Land Acquisition Act, 1953 (therinafter refered to as 1953 Act.) The petitioners filed objections against the acquisition and stated that a large tract has already been acquired for Krishi Upaj Mandi and there was no necessity for extra land. No hearing was given to the petitioner but a declaration under Section 6 of the 1953 Act was issued. However, further proceedings of acquistion were not taken because Secretary of Rajasthan State Agricultural Marketing Board wrote to the State Government on 5.4.80 that for another 15 years new market yard Ramganjmandi will not require additional land for expansion. The State Government considered the matter thereafter and dropped the acquisition proceedings by issuing a notification dated April 16, 1980 which was published in Rajasthan Raj Patra dated April 23, 1980. The earlier notification dated 12.6.1978 was cancelled.

(3.) THE case of the petitioner is that Secretary of Krishi Upaj Mandi Samiti Ramganjmandi was bearing ill -will town the petitioner and, therefore, he wrote a latter to the Secretary Rajasthan State Agriculture Marketing Board on 10.1.1985 that the decision to drop the acquisition may be withdrawn. The State Govt. issued a fresh Notification Under Section 4 of 1953 Act on 16.2.1987. After issuance of this notification, no public notice was issued by the State Government Under Section 4 of the Land Acquisition Act 1894 (hereinafter referred to as 1894 Act.) After more than 2 years, the petitioner received a notice dated 3.4.1989 from the SubDivisional Officer, Ramganjmandi who intimated the petitioner that his land falling in Khasra No. 52, 53, 54, 55 and 56 was going to be surveyed on 10.4.1989. He filed a representation before the Sub -Divisional Officer dated 19.4.1989 stating that the proceeding of acquisition has already lapsed and there was no justification for taking further action without having regard to the representation of the petitioner, the State Government has issued a notification dated 7.11.1989, which has been published in daily newspapers on 5.12.1989. By this notification a declaration and order u.s. 6 read with Section 17(1) and 17(4) of 1894 Act has been issued. Along with this notification declaration Under Section 6 of 1894 Act, a notification dated 7.11.89 has also been issued for acquiring petitioner's land in Khasra No. 47.