- (1.) "If a statute directs a thing to be done in certain way, that thing shall not, even if there be no negative words, be done in any other way," (Echoed as back as in the year 1876 in Ex parte Staphens-(1876) 3 Ch. D. 659). In other words, it can be safely re-sounded that a body, which is creature of statute, must act either in accordance with the statute which created it or must act not at all.
(2.) Law has reached its finest stages and there must not be any attempt to reverse the gear. Not only equality, as said in E. P. Royappa (AIR 1974 SC 555 at page 583-para 85), but also, from a positivistic point of view, "rule of law" is antithetic to "arbitrariness", the latter belongs to the whim and caprice of an absolute monarch. The great purpose of the rule of law notion is the protection of the individual against arbitrary exercise of power, wherever it is found.
(3.) A notification No. F. 6(15) Na. Vi. Aa/11/87, dated January 6, 1988 was published by the Government of the State of Rajasthan in Urban Development & Housing Department, in Part-6 (Kha) of the Rajasthan Gazette, dated July 7, 1988, stating therein that it appeared to the State Government that buildings and land situated in the area specified in the notification were needed or were likely to be needed for public purpose, i. e., by the Jaipur Development Authority, for the discharge of its functions and execution of its development programme. This notification was published in pursuance of S. 4(1) of the Land Acquisition Act, 1894 (for short, hereinafter, "the Acquisition Act"). By another notification dated July 28, 1989, published in the Rajasthan Gazette (Extraordinary), dated July 31, 1989, the State Government published declaration under Sec. 6 of the Acquisition Act to the effect that the lands described in details in the notification, it appeared to the State Government, were needed for public purpose, i. e. by the Jaipur Development Authority (JDA). for the discharge of its functions and its development programmes. This declaration was made after considering the teport of the Land Acquisition Officer, City Development Projects, Jaipur, made u/s. 5-A of the Acquisition Act;