NAIB SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE above writ petitions relate to acquisition of the land under provisions of the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act). As they arise from one and the same acquisition proceeding and common questions of law and facts are involved therein, they can be disposed of conveniently by a common judgment.

(2.) THE petitioners, herein, are recorded Khatedar tenants of their respective land which are under acquisition. Acquisition is being made for the purpose of constructing a new 'Mandi Yard' (Market Yard) by Krishi Upaj Mandi Samiti, Srikaranpur and emergency provisions of the Act have been invoked. Initially, notification Under Section 4(1) coupled with Section 17(4), dispensing with the enquiry Under Section 5A, was issued/published on October 6, 1995. Thereafter, declaration Under Section 6 of the Act was made vide notification dated, 11th September, 1996. The total land sought to be acquired measures 128.07 Bighas, particulars and description of which have been stated in the notifications. Out of the total land, 70.05 Bighas of land is 'Barani' i.e. un -irrigated while 57.22 Bighars of land is irrigated.

(3.) THERE are three groups of persons who have filed the above petitions. Petitions No. 1671/96 and 425/97 have been filed by Naib Singh son of Pratap Singh. The other two petitions have been filed by other persons. In Writ Petition 1671/96 filed by Naib Singh challenge has been made to the notification issued Under Section 4(1), while in second writ petition No. 425/97 challenge is made to the declaration made Under Section 6. In other two writ petitions challenge is made to both the notifications.