TEJSINGH Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has assailed the judgment and order of the learned Single Judge whereby learned Single Judge has dismissed the writ petition preferred by the petitioner-appellant herein.

(2.) In the writ petition, the petitioner has prayed for following relief:-

(3.) The facts of the case are that the State Government issued a notification under Section 52(2) of The Rajasthan Urban Improvement Trust; Act, 1959 (hereinafter referred to as 'Act of 1959') dated 08.06.1976 for compulsory acquisition of land bearing Khasra No.343 measuring 2 Bigha 11 Biswa situated at Village Daudpur, Alwar for the purpose of housing project of the Urban Improvement Trust, Alwar (in short 'UIT'). The said notice was issued in the name of Registered owner / Khatedar of the land in dispute i.e. Moti Lal s/o Budha Ram Jat. Again the State Government issued a notification under Section 52(1) of the Act of 1959 vide notification dated 18.11.1976. The said notice was also issued in the name of Registered owner/Khatedar i.e. Moti Lal S/o Budha Ram Jat. In pursuance to the notification issued under Section 52(1) of the Act of 1959 the registered owner/Khatedar of the land was further given notice under Section 53(3) of the Act of 1959 for appearing on 30.11.1976 for determination of compensation. In compliance of the notice the registered owner appeared in the office of UIT, Alwar and an agreement of compensation for the land acquired by the Government of Rajasthan under Section 52(1) & (3) of the Act of 1959 was executed between the UIT and the registered owner/Khatedar on 28.01977. Thereafter, the possession of the land in dispute was taken by the State Government on30.01977. The compensation for the land in dispute was also paid to the registered owner/Khatedar of the land on the same day i.e. 30.01977. Thus, in pursuance to the provisions of Section 52(4) of the Act of 1959 the land in dispute vest absolutely in the State Government free from all encumbrances.