HIRA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE land in dispute was acquired by notification dated 21st August, 1969 issued Under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act'). It was followed by notification dated 28th of February, 1973 issued Under Section 6 of the Act, which was published in the Gazette on 12th April 1973. This acquisition was challenged by the land owners in this court and finally it was upheld by the Apex Court vide judgment dated 27th of April, 1981. The result was that the acquisition notifications issued Under Section 4 and 6 were held to be valid.

(2.) ON 31st of May, 1985, a letter was issued by the State Government proposing the utilization of the land acquired in a particular way by allotting some portions to some private persons and the balance for some other purpose indicated according to procedure mentioned therein.

(3.) THE learned Single Judge, on consideration of the facts of the case, quashed the letter of Government dated 31st May, 1985. As regards the contention raised Under Section II -A of the Act, it was observed that if the period of stay obtained by land owners is excluded, two years period had not come to an end and, therefore, the acquisition had not lapsed.