TAKHAT SINGH KOTHARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against order dated 18.3.08 passed by the learned Single Judge whereby the writ petition preferred by the appellant seeking direction against the respondents to release his land from acquisition, stands dismissed. The appellant has also assailed the correctness of order dated 1.4.08 passed by the learned Single Judge dismissing the review petition preferred by him for review of the aforesaid order dated 18.3.08.

(2.) The relevant facts in nutshell are that agricultural land ad measuring 3.08 hectares comprising Arazi Nos. 353 to 363 situated at Prohiton Ki Madari, Udaipur owned by the appellant was acquired by the respondents by way of land acquisition proceedings under the provisions of Land Acquisition Act, 1894 ( for short "the Act of 1894" hereinafter) for development of residential colony namely, "Madari Prohitan Extension Scheme". The validity of the land acquisition proceedings was assailed by the appellant before this court by way of writ petition No. 256/91. After due consideration, the writ petition preferred by the appellant and other cognate matters were disposed of by the learned Single Judge of this Court vide judgment dated 10.3.98 whereby while upholding the land acquisition proceedings, this court observed as under:-

(3.) The validity of the aforesaid order dated 10.3.98 passed by the learned Single Judge was assailed by the appellant by way of an intra court appeal which was also dismissed by a Bench of this court vide judgment dated 18.10.2000. Thus, the order passed by the learned Single Judge upholding the land acquisition proceedings has attained finality.