- (1.) SINCE these writ petitions involve similar questions of facts and law, therefore, they were heard together and are being decided by this common order.
(2.) THE petitioners have approached this Court challenging Notification dated 25.07.2006 issued under Section 4 of the Land Acquisition Act, 1894(for short' the Act of 1894') for acquisition of their lands. Such notification was published in Official Gazette on 28.07.2006 and in two local newspapers namely Dainik Sandhya Jyoti and Rajasthan Patrika on 30.07.2006. According to stand of respondents, last mode of publication of Notification under Section 4 of the Act of 1894 was 08.08.2006 by affixing the same at a conspicuous place near the lands sought to be acquired. Award was passed on 10.07.2008.
(3.) INDISPUTABLY , declaration under Section 6 of the Act of 1894 dated 06.08.2007 was set aside by this Court vide judgment dated 02.04.2009 in S.B. Civil Writ Petition No. 7103/2007, Sumer Khan and Others Vs. State and Others and various writ petitions. Thereafter, number of other writ petitions, i.e., S.B. Civil Writ Petition No. 9458/2008, Nain Singh and Ors. Vs. State and Ors.; S.B. Civil Writ Petition No. 10648/2007, Phulu and Ors. V. State and Ors.; and S.B. Civil Writ Petition No. 14157/2008, Noor Mohd. and Ors. Vs. State and Ors. were allowed wherein also similar declaration was set aside. Present petitioners approached this Court by filing S.B. Civil Writ Petition Nos. 9606/2008, 6172/2009 and 6595/2009 which were allowed by this Court vide common judgment dated 04.12.2009 in the following terms: "On examination of record of all the cases decided under the judgment dated 2.4.2009 along with SB Civil Writ Petition No. 7103/2007, I found that number of cases decided were preferred after declaration of the award and this fact was noticed by the Court in the judgment itself. As such, the distinction sought to be made by the respondents is of no consequence. As a matter of fact by the judgment dated 2.4.2009 exactly similar petitions including S.B. Civil Writ Petition No. 9458/2008, Nain Singh and Ors. Vs. State and Ors.; S.B. Civil Writ Petition No. 10648/2007, Phulu and Ors. V. State and Ors.; and S.B. Civil Writ Petition No. 14157/2008, Noor Mohd. and Ors. Vs. State and Ors., have already been decided. The judicial discipline demands to maintain uniformity in similar matters, thus, these petitions for writ too deserve to be decided in terms of the judgment passed earlier by this Court in similar matters. Accordingly, these petitions for writ are allowed in terms of the judgment dated 2.4.2009 passed in SB Civil Writ Petition No. 7103/2007, Sumer Khan and Ors. Vs. State and Ors. the declaration dated 6.8.2007 made by the respondent State as per provisions of Section 6 of the Land Acquisition Act, 1894 is quashed and set aside quo the petitioners' with liberty to the respondent State to proceed further in pursuant to the notification dated 25.7.2006 under Section 4 of the Act of 1894 after affording opportunity of hearing to the petitioners in terms of Section 5A(2) of the Act of 1894." After the aforesaid judgment, Land Acquisition Officer has issued notices inviting objections and hearing on 12.05.2010 under Section 5A of the Act of 1894. The petitioners filed their objections on 17.06.2010. Land Acquisition Officer heard the objections on 23.06.2010 and sent his report under Section 5A of the Act of 1894 on 15.09.2010. Award has not been passed so far.;