PRATAP KRISHNA LOHRA, J. - (1.) Quest for justice by the petitioners in the instant petition is aimed against the Notification and Declaration Annex.11 & 12 respectively and for annulment of the acquisition proceedings in respect of these lands.
(2.) The petitioners are the agriculturists of Chittorgarh. In the year 1972, Urban Improve Trust, Chittorgarh initiated land acquisition proceedings. It so happened that the land of the petitioners did not find mention in the Notification under Section 52(2) of the UIT Act 1959 but in the Notification under Section 52(1) the said land was mentioned. When objections were invited, on objective consideration of the same, the Addl. Collector, Chittorgarh declined to determine the compensation by citing the reason that omission of these lands in the fundamental notification giving the jurisdiction of acquisition, it is obviously not possible to do so in these proceedings. Finally, by order under Section 53(4) of the Act of 1959 passed on 19th of October 1981, the Additional Collector, Chittorgarh issued direction for maintaining status quo. It so happened that in the meanwhile UIT was abolished and Municipal Board stepped in its shoes. The Municipal Board, without appreciating the ground realities about the invalid action of acquisition, made an attempt to dispossess the petitioners from the land in question. Therefore, in these circumstances, a civil suit was instituted in the name of Hanskanwar and others against the Municipal Board, Chittorgarh, wherein status quo order was passed on 8th of August 1983. When the suit was proceeding, efforts were made for taking land by negotiation/compromise between the parties. It seems that the proceedings under Section 52 were dropped and a Notification dated 30th of November 1984 (Annex.11) was issued under the provisions of Rajasthan Land Acquisition Act 1953 (for short, 'Act of 1953') under Section 4(1) of the Act of 1953, whereby land situated in Khasra No.1605/1/KB measuring 6 Biswa and 10 Biswasi, Khasra No.1606, 2 bigha 15 biswas and Khasra No.1605/1/AB 4 bighas and 18 biswas was requisitioned. Subsequent to the Notification Annex.11, a declaration was made under Section 6 read with Section 17 of the Act of 1953 on 4th December 1984 and the requisite enquiry under Section 5A was also dispensed with while exercising power under Section 17(4) of the Act of 1953. Although the Notification under Section 4(1) and the declaration under Section 6 were concerning three different pieces of land owned by three different persons, all of them preferred a joint writ petition before this Court for quashment of the Notification under Section 4(1) dated 30th of November 1984 (Annex.11) and declaration under Section 6 dated 4th of December 1984 (Annex.12). In the prayer clause quashment of Annex.11 & 12 was also sought pertaining to other lands of the area. The writ petition was thereafter amended by the petitioners and an amendment was incorporated that the notification under Section 4(1) as well as declaration under Section 6 read with Section 17 have been published in the Rajasthan Patrika on the same day i.e. 13th of December 1984 and where placed on record as Annex.13 & 14.
(3.) Assailing the entire acquisition proceedings, the petitioners have ventilated their grievances that no notice under Section 4(1) was served on them and further no notice under Section 4(5) of the Act of 1953 was served upon them. Taking serious exception against the haste shown by the respondent in completing acquisition proceedings, the petitioners have pleaded in the writ petition that there existed no urgency and therefore resort to Section 17 of the Act of 1953 is unjust and improper and therefore nonest in the eye of law. The Notification under Section 4 and Declaration under Section 6 were also assailed on the ground that both were published in the Gazette on the same day i.e. on 13th of December 1984 and as such both are bad in law.;