SWAIKA PROPERTIES LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order dated January 23, 2006 of learned Single Judge dismissing the writ petition of the appellants whereby the acquisition proceedings of the appellants' land under the provisions Rajasthan Urban Improvement Act, 1959 (for short, "1959 Act") were called in question.

(2.) CONTEXTUAL facts depict that the appellants filed writ petition before learned Single Judge being aggrieved by the process initiated by the respondents for acquisition of land of appellants bearing khasra No. 383 measuring 14 bighas and 16 biswas situated at Madrampura. First notice was issued on January 25, 1975 under Section 52 (2) of 1959 Act indicating purpose of acquisition for improvement and purposes of Jaipur town extension of civil lines area for construction of buildings. Second notice issued under Section 52 (2) of 1959 Act on August 23, 1975 indicated the purpose of acquisition of land for extension of civil lines and planning of housing scheme. Appellants submitted objections to the notices. The same were not considered but instead the respondents proceeded to issue notices under Sections 52 (1) and 52 (5) of 1959 Act respectively on February 8, 1984 and February 18, 1984 stating the fact of acquisition of land for Jaipur Development Authority. The writ petition filed by the appellants seeking quashing of the entire proceedings of acquisition was dismissed by the learned Single Judge as indicated above.

(3.) WE are in complete agreement with these observations. Indisputably the appellants made various representations objecting the acquisition proceedings between 1975 to 1984 and if time was consumed in deciding the representations it cannot be held that there was delay on the part of the State Government. In our considered opinion the statutory power was exercised by the State Government within a reasonable period. WE therefore, reject the first contention of learned counsel for the appellants. Public Purpose