V.K. Singhal, J. - (1.) Learned counsel for the petitioners has raised only two objections before me i.e. (i) that there is no public notice as required under section 4 of the Land Acquisition Act and only an information was sent from the Land Acquisition Officer to the Tehsildar, but the compliance report is not sent from which a presumption is to be raised that public notice was not issued, and (2) the name which has been mentioned in the notice under section 4 and declaration under section 6 and award are different than actual owner in as much as the name of the petitioners were already mutated much earlier before issuing the notification under section 4.
(2.) The matter has been considered by this court in the case of Daya Dhanna v. State, S.B. Civil Writ Petition No. 6548/91 decided on 5.5.95 . The fact of compliance of public notice was considered proper and it was observed that in view of the decision of RIICO v. Sudesh Gogia, D.B. Special Appeal No. 674/92, decided on 1.6.94 , the proper description of the property was given in the notification and simply because the name of the earlier owner has been given, it would not vitiate the acquisition proceedings. Both the above contentions have no force.
(3.) It is seen that in all the writ petitions which have been challenging the acquisition proceedings, it is distressed by the petitioner that the names of the land owners have wrongly been mentioned in the notification issued under section 4 and in the subsequent proceedings as well. In this regard, I consider it proper that a copy of this order be sent to the Chief secretary who may issue appropriate direction to the authorities acquiring the land that the names should be obtained from the concerned Tehsildar and it should be his responsibility that on the date when information is given, correct names of the persons owning the land is given to the Land Acquisition Officer. This eliminates the possibility of recording the name of earlier owner which generally happens as information is obtained from settlement department. It may also be noted that the personal responsibility should be fixed of the Tehsildar who has given the report and if it is found that the report is incorrect then he is liable for action under law. This circular should be sent immediately to the concerned departments and the Land Acquisition Officers by the Chief Secretary. A copy of this order be sent for compliance to the Chief Secretary, Government of Rajasthan.;