ROSHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT writ petition has been filed for quashing the land acquisition proceedings contained in Annexures 2 to 7 and further declaring that the land acquisition proceedings has elapsed by virtue of Sec. 11-A of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act' ).

(2.) THE facts and circumstances giving rise to this case are that the respondents had published a notification under Sec. 4 of the Act on 30. 6. 1988 in respect of a large track of land measuring several thousand bighas. THE declaration under Sec. 6 of the Act was also made in respect of the same land vide notification dated 15. 3. 1989. Being aggrieved and dis-satisfied, the petitioner who owns about 4 bighas of land challenged the land acquisition proceedings by filing a writ petition (Annx. 8 ). THE said writ petition was allowed by judgment and order of this Court dated 7. 4. 1992 (Annx. 11 ). Being aggrieved and dis-satisfied, the respondents preferred D. B. Civil Special Appeal No. 23/94, which was allowed by the judgment and order dated 19. 04. 1996 (Annx. 13) and the case was remanded to be decided by the Single Judge, after giving an opportunity to file reply to the said appellants.

(3.) IN Commissioner of INcome-tax vs. T. P. Kumaran (5), and Union of INdia vs. Punni Lal (6), it has been held that the principles enshrined in Order 2 rule 2, CPC are applicable and if any argument was available to the petitioner and has not been taken in the earlier petition, the petitioner can not be permitted to agitate it, as he is estopped by application of the principle of constructive res judicata.