- (1.) We have heard learned counsel appearing for the parties. All these Special Appeals arise out of the judgment of learned Single Judge, dated 15.04.2015, by which he has dismissed all the four writ petitions, challenging the acquisition of land for developing a residential housing colony by the Rajasthan Housing Board at Sri Ganganagar. The lands situate in various revenue villages, namely, Chak IF Chhoti, Chak 3A Chhoti and Chak 4A Chhoti, were proposed to be acquired. A Notification was published under Sec. 4(1) of the Land Acquisition Act, 1894 (in short; 'the Act'), in Rajasthan Gazette on 04.08.2010, and in the two newspapers on 16.10.2010. An amended Notification under Sec. 4(1) of the Act, was issued by the State Government on 06.01.2011, and was published in the Rajasthan Gazette on 07.01.2011. It was also published in two local newspapers on 01.06.2011. The Land Acquisition Officer, Special Duty, Urban Development & Housing Department, Government of Rajasthan, issued a public notice on 10.10.2011, inviting objections against the proposed acquisition, in writing, within 30 days of the publication of the Notification before the Land Acquisition Officer. The objections were filed on 14.11.2011/23.11.2011, and were rejected, after consideration of the report under Sec. 5 -A, after which a declaration under Sec. 6 of the Act was issued by the State Government on 29.10.2012, which was published in the Rajasthan Gazette on 06.11.2012.
(2.) The challenge was set up before learned Single Judge against the Notification under Sec. 6(1) of the Act, on the ground that the declaration under Sec. 6 was issued beyond the period of one year and by virtue of first Proviso to Sec. 6 of the Act, the land acquisition proceedings stood lapsed. It was also contended that though the petitioners raised objections against the proposed acquisition, they were not given an opportunity of hearing by the competent authority, in violation of the provisions of Sec. 5 -A of the Act. The objections were not decided, and straightway the report was sent to the State Government, in mechanical manner.
(3.) The State of Rajasthan and the Rajasthan Housing Board contested the writ petitions. It was stated that the last date of publication under Sec. 4(1) of the Act, is 03.11.2011, and not 10.10.2011, and thus the declaration under Sec. 6(1) of the Act, dated 29.10.2012, was within the time period of one year, from the last of the dates of publication, in terms of the provisions of Sec. 4(1) of the Act.;