V. K. Singhal, J. - (1.) Learned counsel for the petitioner has challenged the acquisition proceedings by this writ petition on the following grounds (i) that 13 big has of land situated in village Sheopur, Tehsil Sanganer Distt. Jaipur is situated in green-belt and therefore the Land Acquisition Officer had no jurisdiction to acquire the same; (ii) that notice under Section 9(3) has not been served on the petitioners and therefore acquisition could not be validly made; (iii) that the land in question was below the ceiling limits and therefore in accordance with the second provision to Art. 31-A of the Constitution, the said land could not be acquired.
(2.) Learned counsel for the respondents has raised an objection that possession of the land was taken on 19.8.89 whereas the writ petition was filed on 6.9.91. Thousands of the houses have been constructed and crores of rupees have been invested. The writ petition suffers from laches.
(3.) So far as the preliminary objection is concerned, I have considered over the matter. In this case the award was passed on 30.5.91. Though possession of the land was taken on 19.8.89, the pleas which have been raised were also available to the petitioner at the time when the acquisition proceedings were initiated and there was no obstacle in the way to challenge the acquisition the ground that the land is situated in green-belt. No satisfactory explanation has been given with regard to the delay. The writ petition is therefore liable to be dismissed on that ground alone.;