RAM NIWAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter comes up on applications filed by the respondent(s) under Article 226(3) of the Constitution of India for vacation of the ex-parte interim order passed by the Coordinate Bench of this Court.

(2.) Learned counsel for the petitioners has pointed out that last of the pasting of the notification under Section 4 of the Land Acquisition Act, 1894 (here-in-after 'the Act of 1894') sought and relied upon by the Rajasthan Housing Board to bring the issue of notification under Section 6 of the Act of 1894 within one year of such date, relates not to the pasting of Section 4 notification under the Act in the local area of land acquired. He submits that the pasting of the notification of land, sought to be acquired in Sawai Madhopur, in the office of the Divisional Commissioner, Bharatpur on 7.8.2009 cannot be taken into consideration for computing the period of limitation within which the notification under section 6 of the Act of 1894 was to issue.

(3.) Counsel for the RHB instead submits that the Divisional Commissioner, Bharatpur also has the jurisdiction over District Sawai Madhopur and consequently, it was necessary to paste the notification under Section 4 of the Act of 1894 in the office of the Divisional Commissioner, Bharatpur and that such pasting would have to be reckoned for the purpose of computation of limitation for the issue of notification under Section 6 of the Act of 1894.