- (1.) This petition has been filed challenging the notification dated 14-11-1996, issued by the Deputy Secretary, Urban Development Department, Government of Rajasthan, withdrawing the earlier notification dated 15-12-1992, whereby the lands under acquisition in terms of the then extant provisions of Urban Improvement Trust Act, 1959 (hereinafter Rs. 1959 Act') had earlier been deacquired. The other prayer of the petitioners in the writ petition is that the peaceful possession of the petitioners in khasra Nos.48, 49/1 and 49/2 village Khohra, Tehsil & District Alwar not be disturbed and be protected by an order of this court.
(2.) The facts of the case are that resorting to the provisions of the then extant Urban Improvement Trust Act, 1959 (hereinafter 'the 1959 Act') a notification came to be issued on 13-8-1957 under Section 52 (2) thereof inter alia in respect of land falling in khasra Nos.48, 49/1 and 49/2 village Khohra, Tehsil & District Alwar. At the time of initiation of acquisition proceedings the recorded khatedars in respect of khasra Nos.48, 49/1 and 49/2 were Rampyari, Shiv Lal, Sohan Lal and Mohan Lal. The notification under section 52(2) of the 1959 Act was followed by a further notification dated 16-6-1977 under Section 52(1) of the 1959 Act whereupon statutorily the aforesaid land along with other parcels of land under acquisition vested in the State Government.
(3.) It appears from the facts on record that the recorded khatedars in the revenue record in respect of khasra Nos.48, 49/1 and 49/2 as detailed herein surrendered the land in their khatedari and under acquisition between 30-11-1978 and 4-12-1978 to the State Government. Consequently panchnamas evidencing the possession of the State Government were drawn. It is relevant to note here that subsequently one Parmanand made a representation to the Special Officer on Duty, (OSD) in the Department of Urban Development and Housing Alwar stating therein that the compensation in respect of acquisition of Khasra No.48 and 49 admeasuring 1 bigha 11 biswas in village Khohra, Tehsil & District Alwar not be made to recorded khatedars as he had pending litigation with regard to khatedari of land under acquisition. No objection as to acquisition proceedings and taking of possession by the State Government was raised. It was prayed that the compensation for the land under acquisition and of which possession had been taken by the State should abide by the decision of his pending suit against the recorded khatedars. The petitioner is none other than the son of said Parmanand.;