FATEH SINGH Vs. RAJASTHAN HOUSING BOARD

JUDGEMENT

(1.) By these writ petitions, a challenge is made to the notification dated 17.4.2007 issued under section 4 of the Land Acquisition Act, 1894 (for short "the Act of 1894). Further challenge is made to declaration dated 26.12.2007 under section 6 of the Act and the award dated 12.7.2011. An alternative prayer to direct the respondents to allot 25% developed land in lieu of compensation but was not pressed during the course of arguments.

(2.) Learned counsel for petitioners submits that a notification under section 4 of the Act of 1894 was issued on 17.4.2007. It was published in the gazette on 2.5.2007. The petitioners submitted their objections pursuant to the notification under section 4(1) but it was summarily rejected without an opportunity of hearing. The competent officer, thereupon, inspected the area. Subsequently, declaration under section 6 was issued on 26.12.2007 and it was published in the gazette on 16.1.2008. The publication of the declaration under section 6 was then made in the news paper, however, without applying mandate of section 6(2) of the Act of 1894. The publication of the declaration was made only in one news paper instead of two, that too, one having circulation in the locality. In view of the above, mandate of section 6(2) of the Act was not complied. The respondents notified declaration in the locality on 4.2.2009. The award was then passed on 12.7.2011 i.e. after expiry of the period of more than two years thus section 11A of the Act was not followed. It becomes a case of lapse of acquisition thus entire proceedings deserve to be quashed.

(3.) It is lastly urged that the award was passed on 12.7.2011 without approval of the competent authority thus even section 11 of the Act of 1894 has not been complied. The award cannot be passed without its approval by the government thus for the aforesaid reason also, impugned award deserves to be set aside.