NATHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition is filed against the acquisition proceedings initiated by the respondents. The case of the petitioner in the present writ petition is that Agricultural Marketing Board has issued instructions vide Annx.1. Before any requirement of land is made out the guidelines as provided in Annx. 1 have to be adhered to. The petitioners have expressed doubts if the Secretary concerned has adhered to Annx. 1. This defect not withstanding, the acquisition proceedings has been challenged on merit. It has been stated that earlier an acquisition proceeding was initiated which was challenged by the petitioner in this Court by Writ Petition No. 100/1982. In this writ petition, an agreement was filed in between the petitioner and the respondent and on the basis of that agreement the writ petition was disposed off as withdrawn.

(2.) In terms of the agreement, possession of certain lands were given to the petitioner and his land, which was part of the acquisition proceedings, was released. The petitioner has filed a lay out plan detailing the various constructions raised by the Krishi Upaj Mandi Samiti and have stated that all those constructions which were necessary, have not been made by the respondents and, therefore, no further land is required. This fact is further established by the fact that the land was returned to the petitioner after compromising.

(3.) The respondents have once again issued a Notification under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as 'the Act of 1894'). The petitioner filed its objections but since the declaration under Sections 6 and 17 of the Act of 1894 has been issued by the respondents the objections filed by the petitioners have not been dealt with in right perspective by the respondents. A suit was also filed by the petitioner in the Court of civil proceedings. In that suit it was stated on behalf of the defendants that they have decided to drop the proceedings and thus decree was accordingly prepared.