OMPRAKASH SON OF SHRI JAGDISH NARAYAN Vs. STATE OF RAJASTHAN THROUGH PRINCIPAL SECRETARY, URBAN AND HOUSING DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) By this writ petition, a challenge is made to the acquisition proceedings followed by an award dated 1st March, 2017. A prayer is made to declare acquisition proceedings as lapsed in reference to sections 11A of the Land Acquisition Act, 1894 (for short "the Act of 1894") and Section 25 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013").

(2.) Learned counsel for petitioners submits that a Notification under Section 4 of the Act of 1894 was issued on 12th October, 2011 and published in the Gazette on 14th October, 2011. The declaration under Section 6 of the Act of 1894 was made on 15th April, 2013 with its publication in the Gazette on 13th November, 2014. The award was finally passed on 1st March, 2017. The award was passed after 2-1/2 years from the date of publication of declaration in Gazette, thus acquisition may be declared to have lapsed.

(3.) It is stated that so far as first publication of declaration under Section 6 of the Act of 1894 is concerned, it was made within time frame given under the Act of 1894, however, delay was then caused in getting it published in the Gazette. It was not within a reasonable period. After first publication of declaration under Section 6 of the Act of 1894, its publication in the Gazette and further publications as per Section 6(2) of the Act of 1894 could not have been with inordinate delay.