JUDGEMENT
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(1.) The instant writ petition
has been filed for quashing the Notification
dated 13.9.96 (Annexure 2) issued under Sec tion 4
of the Land Acquisition Act, 1894 (for
short, "the Act"); Declaration under Section 6
of the Act, dated 27.5.97 (Annexure 5) and
Award dated 15.5.99 (Annexure 7) in respect
of the land of the petitioner.
(2.) The facts and circumstances giving rise
to this case are that Notification under Section 4 of the Act was issued in respect of the
land measuring 68 Bighas 9 Biswas situate in
the revenue estate of village Mandeswar-Ka-
Guda and neighbouring villages in Udaipur district, which also included petitioner's land measuring
about 2 Bighas and 18 Biswas. Petitioner
filed objection under Section 5-A of the Act
on 16.1.97 (Annexure 3) contending that the
land of the petitioner be not acquired. However, after considering objections, Declaration
under Section 6 of the Act was made on
27.5.97 (Annexure 5). The substance of Section 6 Declaration was published in
the Official Gazette and also in news papers and the
last publication was made on 8.7.97. Petitioner
filed Statement of Claim under Section 9 of
the Act on 23.12.97 and impugned award was
made on 15.5.99 (Annexure 7).
(3.) The instant writ petition has been filed
on various grounds, but mainly on the ground
of not affixing the substance of Section 4 notification at the conspicuous places
in the locality and that the Award has been made without
seeking "previous approval" of the "appropriate Government" or the Officer authorised to
approve it by the "appropriate Government.";
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