- (1.) The instant appeal has been filed by the appellant while challenging the order dated 14.03.2005 passed in S.B. Civil Writ Petition No.1382/2005 (Ghever Ram Harijan Vs. The State of Rajasthan & Ors.), filed by the appellant assailing the validity of the notice dated 12.09.2003 issued by the Land Acquisition Officer (SDO, Jodhpur), whereby the above mentioned writ petition has been dismissed. The necessary facts revealed from the material available on record are that the apellant was in possession of 10 bighas of the land situated in Khasra Nos.58/2 and 2084/59 at village Mandore, Tehsil Jodhpur (hereinafter referred to as 'the land in question'). It is noticed that the above mentioned 10 bighas of the land was recorded as government land in the revenue record and the appellant was having possession over the said land as encroacher. It is also noticed that the appellant was residing along with his family over the said land by constructing huts and was also cultivating the said land.
(2.) For the purpose of constructing Stone Technology and Industrial Park, the State Government has acquired the said land in question and other adjacent lands by invoking the provisions of Section 17(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act of 1894).
(3.) Before the said acquisition the Land Acquisition Officer (SDO, Jodhpur) issued a notice to the appellant on 18.08.2003 and he was asked to submit documentary evidence regarding his claim over the land in question by 25.08.2003. Despite receipt of the said notice on 19.08.2003, the appellant failed to furnish any documentary evidence regarding the ownership of the land in question, then again a notice was issued to the appellant by the Land Acquisition Officer (SDO, Jodhpur) with the request to submit his claim by 04.09.2003.;