BANWARILAL Vs. STATE

JUDGEMENT

(1.) ORDER :- The petitioner has challenged the notification dt. 7th Dec. 1982 which was issued under Sub-Section (1) of S.4 of the Rajasthan Land Acquisition Act. 1953 (hereinafter referred to as 'the Act'). He has also challenged the notification dt. Jan 29, 1985 issued under Sub-Sec. (4) of S.17 of the Act under which in exercise of the powers under Sub-Sec. (4) of S.17, the provisions of S.5-A of the Act have been dispensed with. Under the notification dt. June 29, 1985 it has also been ordered that the Land Acquisition Officer shall take possession of the land under Sub-Sec. (1) of S.9 after the expiry of the, 15 days of the publishing of notice.

(2.) In the writ petition the main challenge is confined to a portion of Khasra No. 1937 measuring 14 Bighas and 17 Biswas situated in Chomu, Jaipur. The case of the petitioner is that he had purchased the plot of land measuring 3600 Sq. feet and forming part of the land of Khasra No. 1937 situated in Chomu from Shri Banwarilal son of Shri Jhabarmal for a sum of Rs. 6,000/- in the year 1980. The sale deed to the above effect was executed on Jan. 24, 1980 and registered with the sub-registrar on the same date. Thereafter, he raised constructions over the aforesaid plot in the year 1980 and invested Rs. 90,000/- in raising the aforesaid constructions. In the year 1982, the petitioner also deposited conversion charges for the aforesaid plot for getting the same legally converted for being used for residential purposes and a sum of Rs. 2016/- was deposited.

(3.) The challenge to the notification is that the petitioner is a person interested within the meaning of S.4(g)(i) of the Act.