BHUWANESHWAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INITIALLY 150 sq. Acres of land was allotted for establishment of medical college in the city of Kota, which is one of the major industrial town of the State. The land been insufficient, additional land was sought to be acquired as per requisition of the Controller and Principal of Medical College, Kota. The additional land was required for construction of nurses hostel, nurses training center, administrative block, central stores, residential quarters for para-medical and teaching staffs, proper place for disposal of waste from the hospital as also laboratories, construction of laundry and other certain purposes including electric sub-station. INITIALLY notification under Section 4 of the Land Acquisition act was issued on 30-11-1995. However, for additional requirement for the purposes referred above, a notification under Section 17 (1) of the Land Acquisition Act was issued on 29-11-1996.

(2.) BOTH the above notification dated 30-11-1995 as also 29-11-1996 have been challenged by the petitioners mainly on the ground that as per report of the Secretary, Urban Improvement Trust and the District Collector, the additional land was not required for the purpose of expansion of the medical college premises. It has also been alleged that there has been total non- application of mind before issuing notification under Section 17 (1) of the Act. Violation of Articles 25 and 26 of the Constitution of India has also been alleged on the ground that there are many temples and chattaries on the land in dispute and the acquisition may disturb religious feelings of the public at large.

(3.) WITH the above observations and directions, the writ petition is disposed of accordingly. .