DHARMENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have preferred this writ petition praying inter alia that the land acquisition proceedings in respect of Khasra Nos.19,20 and 21 situated in Village Harchandpura, Bhiwadi Tehsil Tijara Distt. Alwar wherein the petitioners have their share to the extent of 1/4th, 1/4th and 3/16th respectively be declared illegal. It is further prayed that the award dated 30.01.1988 be declared void and inoperative and that they should not be dispossessed from the land in question.

(2.) Briefly stated, the facts which have culled out from the petition are :-

(3.) The counsel for the petitioners has assailed the award on several counts; firstly, it is stated that the Notification under Section 4 had been issued in name of person who had already died prior to the date of issuance and, therefore, the Notification itself was illegal. Secondly, on the day when the Notification had been issued, names of the petitioners were already entered but their names do not reflect in the Notification under Section 4 of the Act and, therefore, they were deprived from raising their objections under Section 5(A) of the Act and it cannot be said that they have been served with a notice within the meaning of the Act of 1953. It is further stated that Notification under Section 6 of the Act has been issued after a delay of 4 years from the date of Notification issued under Section 4 of the Land Acquisition Act. Thus, the delay in issuance of Notification beyond the statutory period of one year itself vitiates the Notification and award based on such a Notification is, therefore, vitiated in law.