JUDGEMENT
M.B. Sharma, J. -
(1.) The above numbered writ petitions are being disposed of by this common order as identical question/questions is/are involved in each of them.
(2.) The challenge in each of the above writ petitions is to the notification dated February 4, 1991 published in the Rajasthan Gazette dated February 5, 1991 under Section 4(1) of the Land Acquisition Act, 1894 (for short, the Act) as well as declaration under Section 5 of the Act published in the Rajasthan Gazette dated July 4, 1991.
(3.) Before I take up the facts of the cases, it will be proper to state in the table given below, the names of the petitioners, khasra numbers and the shares of the petitioners in agricultural land in dispute.
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Each of the writ petitions is by one or other petitioners who had purchased the lands for setting up industries under the registered sale-deeds and their names were also mutated in the revenue records. Thereafter, some or other with or without permission of the concerned authorities have established small scale industries much before the notification under sub-section (1) of Section 4 of the Act was issued which, as said earlier, was issued on February 4, 1991 and was published in the Rajasthan Gazette dated February 5, 1991 in relation not only to the lands in dispute but also in respect of other agricultural lands measuring more than 715 bighas 6 biswas situated in village Sitapura, Sukhpura and Maharajpura of Tehsil Sanganer District Jaipur. The award in relation to the land in dispute was made on August 26, 1991 by the Land Acquisition Officer (SDO Jaipur). It will be seen that though the notification under sub-section (1) of Section 4 of the Act, as said earlier, was issued in relation to 715.06 bighas of agricultural land but some other land was also sought to be acquired and so far as acquisition of land for RIICO is concerned, it was confined to 583 bighas, out of which 563.01 bighas of the land was belonging to khatedars and rest was vesting in the State. It will also be seen that for the villages Sitapura and Sukhpura the rate of compensation was Rs. 1.50 lacs per bigha and for village Maharajpura the rate of compensation was Rs. 1 lac per bigha. It will also be seen that the khatedars of land had arrived at the compromise with the Land Acquisition Officer and they have not challenged the award. For the disposal of the above numbered writ petitions, I will give the facts of S.B. Civil Writ Petition No. 5665/91 Smt. Geeta Ghatiwala and another v. State of Rajasthan and others. In the writ petitions take challenge is by the purchasers of the land under the registered We deed on the ground that they have purchased the land for setting up industries and had established the same.;
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