JASRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution seeking to quash the notification issued by the respondent No. 1 State of Rajasthan dated 21-111975 by which it has cancelled its earlier notification dated 12-11-1975 by which the State had in exercise of its power under Section 48 (1) of the rajasthan Land Acquisition Act (hereinafter to be called the 'act') had withdrawn the land of the petitioner from acquisition as declared in Section 6 notification dated 24-11-1973.

(2.) THE petitioners are the owners and occupiers of land on Kila Nos. 1 to 5 of square No. 36, situate in Chak 3-E, District Sri Ganganagar. The State of rajasthan published a notification D/- 18-1-1971 under Section 4 (1) of the act, proposing to acquire the land for public purpose for extension of Abadi ganganagar. The notification was published in the Government Gazette of 1612-1971. Amongst others it included the petitioner's land in Kila No. 36. A further notification dated 24-11-1973 under Section 6 of the Act was published in the Government Gazette of 27-12-19-73. In the said notification by inadvertent error the number of the petitioners' land was mentioned as 39 and this was corrected by the correction slip dated 19-2-1974.

(3.) THE petitioner No. 1, it appears after obtaining permission from the industries Department had installed a Saw Mill in Kila 1 of square 36 in April, 1974. It appears that adjacent to the land of the petitioners there are working some industries and they seem to have taken up with the Government the question of releasing the said land from acquisition. This request seems to have been accepted by the Government and a notification dated 6-5-1975 was published by which the Government directed under Section 48 (1) of the Act that the land mentioned in the said order, is released. The representations which were accepted was of M/s. Krishna Cottage industries, Nav Bharat Industries and Ganesh Oil and General Mills, and M/s. Sri Ganganagar Cotton Ginning and Pressing Factory. Some further representations about release of the land from acquisition were accepted by the government by its notification of 12-9-1975 and some more land was released from acquisition under Section 48 of the Act. This apparently emboldened the petitioners to make representation asking that their land be also released from acquisition. Apparently the representation met with success and the government issued a notification dated 12-11-1975 that the land (belonging to the petitioners) contained in Kila Nos. 1 to 5 in square No. 36 was released from acquisition under Section 48 of the Act. It was also directed in the said order that no compensation shall be paid to the petitioners who are owners of the land in accordance with the provisions of Section 48 of the Act. The notification was endorsed amongst others to the Collector, Ganganagar, to the chairman, Municipal Council, Ganganagar and the petitioners.