Sangeet Lodha, J. - (1.) THESE writ petitions assailing the declaration u/s. 6 of the Land Acquisition Act, 1894(in short "the Act") published vide notification dated 13.2.13, involve common questions of law and facts and therefore, were heard together and are being disposed of by this common order.
(2.) SINCE , S.B.C. Writ Petition No. 2578/14 was argued as lead case, the facts of the said case are being taken into consideration. The relevant facts in nutshell are that the State Government issued a notification dated 3.8.10 under Section 4(1) of the Act, whereby for the purpose of developing a residential housing colony by Rajasthan Housing Board at Sri Ganganagar, the lands situated in various revenue villages namely, chak 1F Chhoti, Chak 3A Chhoti and Chak 4A Chhoti, were proposed to be acquired. The notification was published in the Rajasthan Gazette on 4.8.10 and in the newspapers on 16.10.10. However, an amended notification under Section 4 of the Act was issued by the State Government on 6.1.11 and the same was published in the Rajasthan Gazette on 7.1.11. The said amended notification was also published in two local newspapers having circulation in Sri Ganganagar namely; Seema Sandesh and Rajasthan Patrika, Sri Ganganagar Edition, on 1.6.11. Thereafter, the Land Acquisition Officer, Special Duty, Urban Development & Housing Department, Government of Rajasthan, issued public notice on 10.10.11. The persons interested were directed to submit their objections against the proposed acquisition of the land in writing within a period of 30 days of publication of the notification before the Land Acquisition Officer. The petitioners herein alleged to have raised objections against the proposed acquisition by way of legal notice through their counsel on 14.11.11/23.11.11, which stood rejected and after consideration of the report made under Section 5A, the declaration u/s. 6 of the Act was issued by the State Government vide notification dated 29.10.12. The declaration issued as aforesaid was published in the Rajasthan Gazette on 6.11.12.
(3.) PRECISELY , the case set out by the petitioners in the writ petitions is that the notification under Section 4 was issued by the State Government on 16.9.10 and the amended notification was issued on 1.6.11 but the declaration under Section 6 has been issued on 29.10.12 and therefore, the declaration under Section 6 having been issued beyond the period of one year, by virtue of first proviso to Section 6 of the Act, the land acquisition proceedings stand lapsed. It is contended that though the petitioners raised the objections against the proposed acquisition, however, they were not extended an opportunity of hearing by the competent authority in defiance of the provisions of Section 5A of the Act and the objections raised were not decided and straightaway, the report was sent to the State Government in mechanical manner and therefore, the declaration issued under Section 6 of the Act deserves to be quashed for this reason also.;