JAGDISH PRASAD MAHANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single judge dtd. 10/3/2004 rendered in CW 1362/1986. The facts giving rise to the appeal, are as follows:

(2.) On 3/4/1974 the land in question was notified under Sec. 4 of the Rajasthan land Acquisition Act, 1953 this was followed by a declaration under Sec. 6 of the Land Acquisition Act, which was issued on 13/10/1976. Thereafter on 9/1/1986, notification under Sec. 9 was issued. On 27/1/1986, after issuance of notification under Sec. 9 of the Land Acquisition Act, the appellant filed objections to the notification issued under Sec. 4.it appears that the Collector did not favourably react to the objections filed by the appellant and on 16/4/1986 an award was passed by him. The appellant challenged the acquisition proceedings after the award the award was rendered by the Collector by means of a writ petition.

(3.) From, the narration of facts, it is apparent that the acquisition proceedings which were initiated by Sec. 4 notification in the year 1974, were challenged after about thirty years. In case the appellant had any grievance with regard to the issuance of the notification under Sec. 4 of the land Acquisition Act, he ought to have challenged the same within a reasonable period of time. In Municipal Council, Ahmednagar and Another v Shah Hyder Beig and others,(2000)2 SCC 48, the Supreme court in regard to the delay occasioned in filing the writ petition for challenging the acquisition proceedings, held as follows: