CHHOTELAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS special appeal has been preferred In this court against the order, dated 15th March, 1994, passed by learned Single Judge of this Court, whereby the learned Single Judge, after examining the legal position and the principles governing the validity of acquisition proceedings, has dismissed the writ petition filed by the appellant under Article 226 of the Constitution of India. Feeling aggrieved by the impugned order of the learned Singh Judge, the present appeal has been preferred.

(2.) THE above noted special appeal was admitted on 21st March, 1993 and the arguments advanced by the learned Counsel for the parties were heard and concluded on 4th April, 1994 with a direction that stay order, dated 21st March. 1994 passed by this court will continue till the pronouncement of judgment In this appeal. On 4th April, 1994 learned Counsel for the appellant gave an undertaking on behalf of the appellant not to make any construction over the disputed land during subsistence of the stay order.

(3.) IT will be pertinent to mention here that the aforesaid Notification was followed by subsequent Notification, dated 3rd May, 1961, which too was published in Rajasthan Gazette, dated 11th May, 1961. This Notification contained the declaration Under Section 6 of the Act of 1953 authorising the Land Acquisition Officer to initiate and persue the proceedings for acquisition of the land mentioned in the aforesaid Notification. Pursuant to the aforesaid, the Land Acquisition Officer started the proceedings for acquisition of the aforesaid land which culminated in passing of the Award on 9th January, 1964. This Award related to various lands acquired under the Notification referred to above, Including the remaining areas of khasra No. 35 measuring 3 bighas 10 biswas. With regard to acquisition of khasra Nos. 34 to 38 belonging to the appellant, the Land Acquisition Officer directed that a plot of land measuring 100 sq. yards be allotted to the appellant apart from compensation. It was further directed by the Collector that in lieu of acquisition of the appellant's land in khasra No. 277, a residential plot of land measuring 2000 sq. yards be also allotted to the appellant.