NATHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the above mentioned seven writ petitions the validity of the notification issued under Section 4 dated 16-5-1988 and the declaration under Section 6. D/- 15-3-1989 has been called in question.

(2.) The facts common to the petitions are that the respondents issued notification, dated 16-5-1988 which was published in Govt. Gazette on 30-6-1988 to acquire the various lands situate in village Devali Fatehpura for Fatehpur Extension Scheme. Respondent Urban Improvement Trust was the beneficiary. The notifications have been assailed on various grounds in the writ petition but Mr. Bhandari confined his arguments to four grounds. It is, therefore, not necessary to mention all the facts. The grounds pressed by Mr. Bhandari are (i) The acquisition proceedings could be undertaken only under Section 52 of the Urban Improvement Trust Act and as the Presidential assent has not been obtained for the amendment in Section 52 of the Rajasthan Urban Improvement Trust Act, the whole of the proceedings are void. (ii) There was no publication of notification issued under Section 4(1) in the locality. (iii) Opportunity of hearing was not given to the petitioners. (iv) The land has been acquired indiscriminately as some lands have been left out and only petitioners's land have been acquired.

(3.) In the reply which has been filed only in writ petition No. 2174/89 Nathulal v. State of Rajasthan it has been averred that publication of the substance of the notification was made in the locality and enquiry under Section 5A was held after issuing individual notices to the petitioners. It has been further averred that there was no discrimination in acquiring the land of the petitioners. Learned counsel for the respondents submitted that this reply may be treated reply in all the writ petitions.