SYED HASAN ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN all these five writ petitions challenge is made to the Notifications dated July 1, 2005, and September 15, 2005 respectively issued under Section 4 and Section 6 read with Section 17 (1) (4) of the Land Acquisition Act, 1894 (for short Acquisition Act) as well as Notice under Section 9 (1) (2) and subsequent proceedings under the said Act.

(2.) FOR convenience facts of Writ Petition No. 7957 of 2005 are taken into consideration. The petitioner is this writ petition averred that land bearing Khasra No. 1333 and 604 was purchased by him in the year 1987 by a registered sale deed. The Tehsildar vide order dated September 1, 1987 mutated the said land in favour of the petitioner and vide permission April 24, 1990 the petitioner constructed a residential house, well and boundary wall of 5 ft. around the whole land. The State of Rajasthan issued a Notification dated July 1, 2005 under Section 4 of the Acquisition Act acquiring the land of the khatedars in village Kukas for the purposes of Rajasthan Industrial Development and Investment Corporation Ltd. (in short RIICO ). The land of the petitioner proposed to be acquired was 0. 52 hectares out of total area of 0. 84 hectares. After the petitioners filed objections on July 29, 2005, the Land Acquisition Officer (for short `lao') proceeded with the matter and fixed August 24, 2005, August 30, 2005, September 9, 2005 and September 16, 2005 for hearing but after the Notification under Section 6 read with section 17 (1) and (4) of the Acquisition Act issued by the State Government on Sept. 15, 2005 the LAO declined to decide the objections filed by the petitioners. According to the petitioners the Notification did not denote any urgent need and it was issued without making compliance of sections 5a and 6 of the Acquisition Act.

(3.) IN support of the aforesaid contentions learned counsel for the appellants placed before me certain decisions of Hon'ble Supreme Court to which I will refer at an appropriate stage in the latter part of this judgment.