JAWAHAR LAL SON OF SAMPAT LAL, AGED ABOUT 74 YEARS, BY CASTE JAIN, RESIDENT OF MOHALLA NIMDA GATE, BHARATPUR Vs. STATE OF RAJASTHAN THROUGH SECRETARY, URBAN DEVELOPMENT AND HOUSING DEPARTMENT, GOVERNMENT OF RAJASTHAN SECRETARIAT, BHAGWAN DAS ROAD, JAIPUR

JUDGEMENT

(1.) Instant batch of special appeals, including the special appeals mentioned in Schedule-A annexed to the judgment, are being preferred against the self same judgment passed by the Id. Single Judge disposing of the batch of writ petitions vide judgment impugned dated 07.05.2014.

(2.) The brief facts of the case, which culled out from the record & noticed with consent of the parties from D.B.Special Appeal (Writ) Nos.1283/2014 & 1391/2014, are that a preliminary Notification u/Sec.4(1) of the Land Acquisition Act, 1894 (for short the Act of 1894 ) dated 18.08.2007 for land measuring 648.9 hectares intended for implementation of multi-purpose scheme known as Scheme No. 13 for Urban Improvement Trust, Bharatpur was published in the official gazette on 23.08.2007 followed with publication in the newspaper - Dainik Sandhya Darpan dated 06.11.2007 and in Rajasthan Patrika on 08.11.2007 & of public notice of the substance of notification dated 18.08.2007 was affixed in the locality i.e. notice board of Collectorate/Tehsil Office, Bharatpur and at conspicuous places i.e. Primary School Anah, Jhilra & Srinagar on 28.08.2008 but as per the appellants it was affixed on 20.06.2008.

(3.) After dealing with the objections u/Sec.5A of the Act, 1894 raised by the objectors/person interested, the Land Acquisition Officer forwarded his report along with the objections on 14.08.2008 to the State Government. The State Government after due application of mind and examining the record received from office of the Land Acquisition Officer made a declaration u/Sec.6 of the Act, 1894 for 346.86 hectares of land on 25.08.2009 and substance of declaration was affixed in the locality on 31.08.2009 and the declaration made u/Sec.6 of the Act, 1894 dated 25.08.2009 was published in the Rajasthan Gazette on 01.09.2009, at the same time, the declaration was also published in the prominent daily newspapers - Rajasthan Patrika & Dainik Bhaskar on 03.09.2009. In furtherance thereto, the Land Acquisition Officer issued notices u/Sec.9 of the Act, 1894 on 08.07.2011 to the extent where there was no dispute in regard to the subject land in question & award also to the extent came to be passed in respect of the land in acquisition on 30.08.2011, which was approved by the State Government, as per Sec. 11 of the Act, 1894 on 01.09.2011 but that remained confined to such of the land holders who had not questioned the acquisition proceedings initiated pursuant to the Notification dated 18.08.2007. It may be pertinent to notice that out of 346.86 hectares of land, 320 hectares have been entered in the revenue records in the name of UIT, Bharatpur after approval of the award dated 30.08.2011.