MANOJ KUMAR GARG Vs. STATE AND ORS.

JUDGEMENT

(1.) THE present writ petition is filed by the petitioner alleging that they are the purchasers of 3 bighas and 4 biswas of land together falling in Khasra No. 216 from Bhanwar Lal, Kalu Ram, Buxa Ram and Chena Ram sons of Shri Shambhu Ram vide registered sale deed dated 17.01.1995. Petitioners have filed the copy of the registered sale deed as Annexure -I Petitioners' claim is that pursuant to sale of the land in their favour, the same came to be mutated in the revenue record in the name of the petitioners. The copy of revenue record has been produced as Annexure -2.

(2.) PETITIONERS claim that in the month of April, 2001, they came to know that the proceedings for acquiring the land in question has been undertaken at the instance of the U.I.T. Jodhpur (hereinafter referred to as 'the Trust'). Petitioners state that they made inquiries and collected relevant documents and found that a notification under Section 4 of the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as "the L.A. Act") dt. 26.07.2000 was issued, copy of which has been submitted as Annexure -3. Petitioners claim that the land belonging to the petitioners has been shown in this notification. Petitioners further stated that the notification has been published in two daily newspapers but claimed that the public notice of the substance of the notification dt. 26.07.2000 has not been pasted at the convenient places in the locality where the land in question is situated. Apart from the fact that the notification has not been pasted either on any conspicuous part of the land in question, no personal notice was given to the petitioners.

(3.) PETITIONERS further state that a notice under Section 9 of the L.A. Act has also been issued in the newspapers on 17.04.2001 which has produced with the writ petition as Annexure -5. Further claim of the petitioners is that none of the relevant notifications and declarations viz. under Section 5, under Section 6, under Section 74 and under Section 9 have been personally served on the petitioners or other Khatedars.