RATAN KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE on similar set of facts same prayers have been made, both the writ petitions have been heard together and are being decided by this common order.

(2.) THE land measuring 81 bigha 19 biswa was sought to be acquired vide notification dated 4. 2. 1991 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred to as `the Act' ). Subsequently, notification under Section 6 of the Act was also issued on 27. 3. 1992. THE land sought to be acquired for the purpose of development and expansion of industrial area for the respondent No. 3 - RIICO also included about 21 bigha 6 biswa land of the petitioners. After completion of the proceedings the first award was passed by the Land Acquisition Officer on 18. 4. 1994 in regard to the Land measuring 34 bigha 4 biswa. THE award in regard to remaining land could not be passed in view of some interim orders passed by the courts. THEreafter, award in regard to remaining land measuring 4 bigha 10 biswa was also passed on 8. 11. 1995. THE award dated 18. 4. 1994 included the land measuring 11 bigha of the petitioners, whereas, the award dated 8. 11. 1995 included remaining land measuring 10 bigha 6 biswa of the petitioners. Challenging the entire acquisition proceedings and the awards passed above, the present writ petitions have been filed by the petitioners on 18. 7. 1996 with the following prayers:- " (a) to quash and set aside the notification dated 4. 2. 1991 issued under Section 4 of the Act (Annexure No. 1 ). (b) to quash and set aside the notification dated 27. 3. 1992 issued under Section 6 of the Act (Annexure No. 6 ). (c) to quash and set aside the award dated 18. 4. 1994 of the Land Acquisition Officer (respondent No. 3) (Annexure No. 9) (d) to quash and set aside the award dated 8. 11. 1995 of the land Acquisition officer (respondent No. 3) (Annexure No. 10 ). (e) the respondents be restrained from acquiring the land of the petitioner in future. "

(3.) AFTER having considered submissions of learned counsel for the parties, I have carefully gone through the entire material on record as also the relevant provisions of the Act.