LAXMI Vs. STATE

JUDGEMENT

(1.) A learned single Judge of this Court has referred the writ petition to the Division Bench as it raises the question with respect to the validity of the Notification Ex. 6 dt. April 28,1977 issued under Sec. 17(4) and Sec. 6 of the Rajasthan Land Acquisition Act, 1953 (No. XXIV of 1953) (for short 'the Act') and according to him, the correctness or otherwise of the decision in Kanwar Chandra Singh v. State of Rajasthan, ILR (1961) 11 Raj 486, is also involved and as such, it should be determined by the Division Bench in the light of the subsequent decisions of the Supreme Court. This is how this writ petition is before us.

(2.) The original petitioners were Narendra Singh, Nahar Singh and Sobhag .Kumari. During the pendency of the writ petition, Narendra Singh died and his legal representatives, who are now petitioners Nos. 1/1 to 1/4, have been brought on record.

(3.) A bungalow and vacant land surrounding it was gifted to Rao Raja Narpatsinghji by the former ruler of the erstwhile State of Jodhpur. A patta was issued on Aug. 14, 1939 in favour of Rao Raja Narpatsinghji and it was renewed by a new Patta on July 16, 1956 issued under the provisions of the Marwar Patta Ordinance, 1921, which was in vogue at that time. A part of the land covered by the aforesaid Patta was sold by Rao Raja Narpatsinghji to the Government of India and certain buildings have been constructed on the said land. A Notification Ex. 5 dt. Mar. 23,1977, was issued by the Government of Rajasthan in exercise of the powers conferred on it under Sec.4(1) of the Act. It was notified therein that the land specified therein which included part of the land in respect of which patta was issued in favour of Raja Rao Narpatsinghji, was required for a public purpose i.e. R.C. P.O. (Defence Department of the Central Government). The said Notification Ex. 5 was published in the Rajasthan Rajpatra dt. Mar. 31, 1977. However, subsequent to that, another Notification Ex. 6 dt. April 28, 1977, was issued by the Government of Rajasthan under Sec. 17(4) and Sec. 6 of the Act. It was mentioned in that Notification that the provision of S. 5A of the Act shall not apply and a declaration was made under Sec. 6 of the Act that the lands mentioned in the said notification were needed for public purpose. The State Govt, directed the Land Acquisition Officer to take the possession of the lands mentioned in the notification after the expiry of 15 days from the publication of the notice under Sec. 9(1) of the Act. A notice Ex. 7 under Sec. 9 of the Act was issued to the original petitioners by the Sub-Divisional Officer, (Land Acquisition Officer), Jodhpur on May 19, 1977. After receipt of the notice, they filed objections to the acquisition of their land. The award Ex. 9 was made on Mar. 21, 1978 by the Land Acquisition Officer. He, however, did not award any compensation to the petitioners on the ground that the petitioners have failed to establish their right, title or interest in respect of the land alleged to be theirs and further that they were not entitled to any compensation for the same. The petitioners submitted an application Ex. 10 for making reference under Sec. 18 of the Act. The reference was made to the District Judge, Jodhpur. However, after making of the award by the Sub-Divisional Officer on Mar. 21,1978, the petitoners filed a writ petition on Sept. 12,1978 seeking to quash the Notification Ex. 6 dt. April 28, 1977; the notice Ex. 7 dt. May 19, 1977 and the award Ex. 9 dt. Mar. 21, 1978. It was prayed that entire acquisition proceedings may be quashed.