MUKHIA VALLABHDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MATHUR, J. By way of instant petition under Article 226 of the Constitution of India, the petitioner has challenged the Notification under Section 4 of the Land Acquisition Act, 1894 published in the Udaipur Edition of the Rajasthan Patrika dated 25th October, 2005, whereby among others the house of the petitioner situated in Pritam Pol located inside the temple premises comprising of 896 Sq.Ft., is sought to be acquired in public interest in compliance of the interim order passed in D.B.Civil Writ Petition No.2858/2004.

(2.) Mr.Salil Trivedi learned counsel for the petitioner has raised two contentions before us. Firstly, it is contended that the family of the petitioner is entrusted with the right of Seva-Pooja of Shrinathji and Navneet Priyaji. His family resides under the shadow of Flag(Dhwaja) of Thakur Ji and this tradition is continuing for last about 500 years. Thus, if the petitioner's house is acquired, he will be required to shift to other place, which will affect his right of Seva- Pooja. It is further submitted that the petitioner is performing the duty of Seva-Pooja, which is a public cause. The another contention raised is that the impugned notification is vitiated for the reason that the State Government has simply issued the same in compliance of the interim order of the High Court and has not applied its mind independently.

(3.) A reply to the writ petition has been filed on behalf of respondents No.1 to 4 supported by the affidavit of Shri B.D.Kumawat, Land Acquisition Officer Cum Sub Divisional Officer, Nathdwara. A separate reply has also been filed on behalf of Nathdwara Temple Board, Nathdwara supported by the affidavit of Shri R.C.Gupta its Chief Executive Officer.