MAHARAJ HIMMAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.)

(2.) The present controversy has a chequered history as the controversy started when the Union of India issued a notification under Section 23(1) of the Defence and Internal Security of India Act, 1971 (for short "the Act of 1971") for requisitioning a total land measuring 645 acres. Copy of the notification has been placed on record by the petitioners as Annex. 11. The description of the property has been given in the notification which is as under - (See Table below)

(3.) It appears from the facts that so far as requisitioning the property by the Union of India under the Act of 1971 was never challenged by the petitioners and today also, there is no dispute about the requisitioning of the property by the Union of India mentioned in the notification dated 6-5-1976 (Annex. 11). How much land was acquired by the said notification is also not in dispute. However, the petitioners apprehending that their land may be acquired by the State Government under the provisions under Sections 7-A and 9-A of the Rajasthan Land Reforms and Acquisition of Land Owner's Estates Act, 1963 (for short "the Act of 1963"), the petitioner preferred a writ petition before this Court being SBCWP No. 2085/1975. The petitioner challenged the validity of Section 7-A of the Act of 1963 and sought relief of declaring Section 7-A of the Act as ultra vires of the Constitution and in the alternative prayed that if Section 7-A is declared valid, then since the land in question is abadi land, as such the land cannot be acquired. The reply was filed by the respondents - State and the Distnct Collector, who were party in the writ petition. (Contd. on Col. 2)