NARAYAN RAM, SON OF SHRI LICHMAN RAM Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2017-9-80
HIGH COURT OF RAJASTHAN
Decided on September 08,2017

Narayan Ram, Son Of Shri Lichman Ram Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

VIJAY BISHNOI,J. - (1.) These writ petitions under Article 226 of the Constitution of India are filed on behalf of the petitioners with a prayer for quashing of the notification dated 12.08.2010 issued by the State Government under section 4 of the Land Acquisition Act, 1894 (hereinafter to be referred as 'the Land Acquisition Act') for acquisition of 3151 Bighas, 4 Biswas and 12 Biswansi of land of villages Salawas, Boranada and Heerkhera of Tehsil Luni, District Jodhpur for extension of industrial area of Boranada. The petitioners have also challenged the publication of notice under section 6 of the Land Acquisition Act for the said land and the final award passed. All the petitioners are affected persons, whose land comes under the impugned notification.
(2.) The facts, which are not in dispute, are that the impugned notification was issued on 12.08.2010. Sub-Divisional Officer, Luni was appointed as Land Acquisition Officer (hereinafter to be referred as 'LAO'). Final notification under section 6 of the Land Acquisition Act was published on 26.09.2011 and the award is passed by the LAO on 24.09.2013.
(3.) It is also not in dispute that for the same land notified in the impugned notification, earlier also a notification under section 4 of the Land Acquisition Act was issued in the year 2005, however, the said acquisition proceedings lapsed as the same could not be finalized by issuing the award within a period of two years from the date of issuance of the declaration under section 6 of the Land Acquisition Act.;


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