GAJADHAR @ GANGADHAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) In these writ petitions the petitioners have challenged one and the same Notifications issued by the respondents State of Rajasthan. The first Notification is dated 19.7.1984 issued under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 and the Second Notification is dated 12.11.1987 issued under Section 17(4) & (6) of the aforesaid Act. The petitioners have also challenged the validity of the Land Acquisition (Rajasthan Amendment) Act, 1987 (for short, 'the Act, 1987') and thus, all these writ petition are taken up for hearing together and are being decided by this common order.

(2.) Facts leading to filing of these writ petitions are taken up from Writ Petition No. 181/88. The petitioners are the recorded 'khatedar tenants' and in cultivatory possession of the agricultural land bearing khasra no. 96 (present no.184) measuring an area of five bighas and seven biswas situated in Gangapurcity. It is stated that dense abadi around some khasra numbers of land proposed to be acquired is there. Adjacent to khasra no. 98 there is a 'kabristan land'. In khasra no. 97 also there is a 'kabristan', though it is not so recorded in the revenue record. Khasra no. 89 is a public way which goes to the side of khasra no. 96 belonging to the petitioners. This way goes upto khasras nos. 86 and 87.

(3.) Krishi Upaj Mandi Samiti, Gangapurcity (for short, 'the respondent Samiti') is stated to be in existence in the Gangapurcity for a long period. A mandi yard consisted about 125 shops in the center of Gangapurcity is there. A space for the mandi yard which is there in existence is sufficient. It is alleged that the grain mandi is well planned and all the facilities are available to the farmers who used to bring their agriculture produces there for sale and for the purchasers also. The petitioners submitted that still the respondent samiti has instructed to construct a new mandi yard. The planning of construction of new mandi yard is as old as of 1966 but it has not been implemented. It is averred that in the year 1981, 85 bighas of land was acquired for construction of the mandi yard for the respondent samiti near the agriculture land of the petitioners. The respondent samiti has constructed a mandi yard there consisting of 120 shops provided all other facilities required but still the mandi has not been shifted to this mandi yard. It appears that the respondent samiti required a piece of land for further extension of the new mandi yard and for that purpose the acquisition proceedings of the land were started by the Government of Rajasthan for 67 bighas and 10 biswas of land. The Government of Rajasthan iss led a Notification dated 19.7.1984 under Section 4(1) of the Act. In this notification the petitioners agriculture land measuring five bighas and seven biswas comprising in khasra no. 96 (present Khasra No. 184) has been included. Sub Divisional Officer, Gangapurcity was appointed as a Land Acquisition Officer by the State Government under that Notification. The petitioners have come up with the case that the Sub Divisional Officer, Gangapurcity issued a notice under Section 5(1) of the Act, 1953 in the name of Vali Prasad son of Shri Madan Lal and Ramesh Chand son of Shri Madan Lai vide Letter dated 15.3.1989. Shri Vali Prasad stated to have died much before 15.3.1985. Thus Ramesh Chand son of Shri Madan Lal received that notice. It is stated that the legal heirs of Vali Prasad were not served any notices under Section 5(1) of the Act, 1953 by the Land Acquisition Officer, Gangapurcity. The petitioners submitted the reply to the notice aforestated. Therein the following objections were taken;