JAIKISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition along with the writ petitions mentioned in Schedule A are pending since 1994 wherein acquisition proceedings of disputed land of villages Sukher, Sapetia, Amberi, Bedala & Brahmano ka Guda have been challenged. Since these writ petitions involves common grievance and raise a common question of law & fact, they are being disposed of by this common order.

(2.) BY this writ petition,the petitioner seeks to quash entire proceedings being taken by the respondents No. 1 & 3 for acquisition of the land in dispute. It has been prayed that the notification issued u/s. 4 of the Land Acquisition Act, 1894 and the declaration u/s 6 and notice u/s 9 of the said Act may also be quashed and the respondents be restrained from taking possession of the land in dispute for estab- lishment of industrial area.

(3.) MR. Singhvi learned counsel for the respondents have raised preliminary objection regarding the maintainability of the writ petition. He has contended that the petitioners have misstated the facts and have not come with clean hands. He has urged that there is no violation of Section 38 to 42 of th Act, as Chapter VII does not apply. He has contended that the objectors were given opportunity of hearing and entire proceedings were completed in accordance with law. He has also urged that the declaration u/s 4 (1) was published at conspicuous places in locality. He has further urged that the declaration u/s 6 of the Act was issued in time. He prayed that these writ petitions are liable to be dismissed. He has placed reliance on the decisions rendered in state of Mysore vs. Abdul Razak Sahib (5) The collector (D. Mag) Allahabad vs. Raja Ram (6) stateof Haryana vs. Raghuvir Dayal (7) and Bajraot Kota (Dead) vs. Maharashtra (8)