M.N.BHANDARI, J. - (1.) By this writ petition, a challenge is made to the acquisition of the land measuring 19098 square yards. The prayer is to declare acquisition to have lapsed as per section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013"). The further prayer is to declare the constructed building on the aforesaid land was not part of acquisition and if court holds otherwise then declare it to have lapsed. The respondents be restrained to take any action and to restore the possession. The notice under section 72 of the Jaipur Development Authority Act, 1982 (for short 'the Act of 1982') has also been challenged. Brief facts of the case - It is stated that a Covenant was entered between the Government of India and Lt. General Sir Sawai Mansingh Bahadur, Jaipur, wherein, land of Raj Mahal was declared to be his private property. The land was then gifted to Maharaja Bhawani Singh in February, 1957. A lease deed was executed on 10.4.1968 in favour of the petitioner company for the land measuring 74798 square yards. The petitioner company then assigned an area of 55,076 square yards to Gandhi Grah Nirman Sahkari Samiti (for short "the Sahkari Samiti"). The left out area of 19098 square yards remained with the petitioner company.
(2.) The State of Rajasthan issued a notification under section 52(2) of the Urban Improvement Trust Act, 1959 (for short "the Act of 1959") on 24.3.1973 showing intention to acquire vacant land near Residency Area, Jaipur. The Notification under section 52(1) of the Act of 1959 was then issued on 11.7.1974. The acquisition proceedings were challenged by the Sahkar Samiti and Maharaja Sawai Bhawani Singh at that stage. The litigation went upto the Supreme Court where no interference in the proceedings was made. The award was then passed on 19.10.1993. No compensation was awarded for the constructed portion thus only vacant land was acquired. A survey report was prepared on 18.5.1993 for khasra No.187 and 188. It shows that buildings were existing on some part of the land. A memo of possession was prepared by the Land Acquisition Officer on 2.11.1993 but physical possession of the land was not taken thus the petitioner company remained in possession of the entire land. The possession memo was also for the vacant land and not of the constructed portion. The memo was not signed by the petitioner company. The part of the constructed building was used as an office of the company. The petitioner company was paying House Tax and other taxes for the said building which is having electricity and telephone connections.
(3.) The petitioner company filed a reference petition under section 18 of the Land Acquisition Act, 1894 (for short "the Act of 1894") to claim compensation for the entire land. The compensation towards land assigned to Sahkari Samiti was also claimed. The Sahkari Samiti had filed separate reference petition No.7/1994. On 7.2.2001, a joint application was filed by Sahkari Samiti and the petitioner company assigning entire land to the company to receive compensation. On 22.8.2016, two notices were affixed by the respondents on the main building existing in khasra No.188. It was with a direction to remove the construction. In case of objection, it should be submitted in the office of the Jaipur Development Authority, Jaipur (JDA). The notices aforesaid were issued under section 72 of the Jaipur Development Authority Act, 1982 (for short "the Act of 1982"). The petitioner company submitted a representation denying allegation of encroachment. On 24.8.2016, officers of the JDA along with their paraphernalia, took possession forcefully from the persons residing in the building and the office block. The petitioner company was not even allowed to take their record. The objections submitted by the petitioner company on 23.8.2016 were also ignored. It is despite the fact that according to the JDA also, 0.04 hectare land was in possession of the petitioner company. The issues raised by the petitioner company - The acquisition of land was only of vacant land. The compensation was also determined and deposited in the civil court for the vacant land only. The constructed building was not part of acquisition thus neither possession was taken nor compensation was determined. The constructed portion always remained in possession of the petitioner company thus even if it is assumed that it was part of acquisition then it lapsed as per section 24(2) of the Act of 2013. The acquisition was initiated under the Act of 1959 but before its completion, Land Acquisition Act, 1894 was applied to the State of Rajasthan w.e.f. 24.9.1984 by bringing the Land Acquisition (Rajasthan Amendment) Act, 1987. Therein, section 52 of the Act of 1959 was amended and section 53 to 59B were deleted. New section 60A was inserted for pending cases of acquisition. The amending Act of 1987 did not receive assent of the President, therefore, it was struck down by this court. ;