M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the notification dated 25.8.2011 under Section 4 of the Land Acquisition Act, 1894 (for short 'the Act') and the declaration under section 6 dated 29.3.2012. A restrain order has been sought against acquisition of land and not to disturb peaceful possession and enjoyment thereof. The subsequent award passed by the Land Acquisition Officer on 5.6.2013 was not challenged by seeking amendment in the writ petition till 2016. An application for amendment in the writ petition was filed in the year 2017 to challenge the award but it was dismissed finding it to be delayed, however, petitioners were permitted to raise the issues in reference to Part-VII of the Act of 1894 thus what remains is the challenge to the notifications issued under the Act of 1894 and not the award.
(2.) A notification under section 4 of the Act was issued on 1.7.2005 for a land measuring 101.38 hectares in Village Kukas, Jaipur. The acquisition therein was completed. Another notification under section 4 of the Act was issued on 25.8.2011 and has been impugned herein. The petitioners submitted objections under section 5A of the Act on 21.10.2011. After hearing the objections, the Land Acquisition Officer submitted report on 20.3.2012. The declaration under section 6 of the Act was made on 29.3.2012.
(3.) The draft award was thereupon prepared by the Land Acquisition Officer on 18.4.2013 and, on its approval, it was passed on 5.6.2013. It was during pendency of the writ petition. The petitioner Nathuram made an application for allotment of 25% developed land but it was on certain conditions. The said petitioner, thereupon preferred another application. It was with a condition of allotment of developed land 30 feet wide road near acquired land. It has been stated that other two petitioners have been throughout represented by Nathuram being part of the family of Motiram. The amount of compensation was deposited by the RIICO with the Civil Judge (Senior Division), Jaipur District along with reference under section 31(2) of the Act of 1894.;