DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the writ petitions have been filed challenging in common the land acquisition proceedings in respect of petitioners' land in respect whereof notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter 'the Act of 1894') was issued on 16.05.2008, followed by a notification under Section 6 of the Act on 04.11.2008 and finally an award on 06.10.2009 by the Land Acquisition Officer (hereinafter 'LAO').

(2.) MR . Ashish Saksena, appearing for the petitioners, has submitted that the entire land acquisition proceedings qua the petitioners' land are liable to be quashed and set aside primarily on the ground that the objections filed by the petitioners under Section 5A of the Act of 1894 were not considered by the LAO. He has submitted that consequently the petitioners were denied their only defence to the land acquisition envisaged under the Act of 1894. This, counsel argued, has entailed denial of principles of natural justice vitiating the award dated 06.10.2009. Other grounds agitated in the writ petitions to challenge the land acquisition proceedings culminating in the award were not rightly pressed in the absence of the requisite factual foundation.

(3.) HEARD the counsel for the petitioners and the respondents.