P. P. Naolekar, J. - (1.) Since common question of law and facts is involved in these writ petitions they are being disposed of by this common order. Notification under Section 4 dated 6-1-1992 which is the first to initiate the proceedings under the Land Acquisition Act, 1894 (in short, referred to hereinafter as 'the Act') was published in the Gazete on 6-2-1992. On 15-2-1992, the said notification was published in the Rajasthan Patrika, on 3-4-1992 in the Nav Bharat Times, thereafter, on 22-4-1992, in the Jalate Deep newspapers. Before the notification was published in the Gazette, affixture on a conspicuous place was made on 22-1-1992 and also on 23-1-1992. After inquiry under Section 5-A of the Act by giving due notice to the claimants, declaration under Section 6 was issued on 31-3-1993 and was published in the Gazette on 8-4-1993. The said declaration was thereafter published on 23-4-1993 and 26-4-1993 in the newspapers Dainik Navjyoti and Nav Bharat Times respectively. The notices were issued under Section 9 of the Act for hearing to be taken up on 14-10-1993. Various objections were filed by the petitioners before the Land Acquisition Officer, some of them contended the objection that the Land Acquisition proceedings cannot be proceeded with as the notification under Section 4 and declaration under Section 6 was not published in accordance with law. On 28-12-1994, objections were decided by the Land Acquisition Officer and a draft award was sent to the State Government. On 2-3-1995, order was passed on the draft award and thereafter, on 9-3-1995 final award was passed. Before the final award was passed on 9-3-1995 the first petition in the batch of the petitions was filed on 6-3-1995 and was registered as S.B. Civil Writ Petition No. 751/95. Thereafter, on 18-3-1995 in pursuance of the award, compensation of Rs. 1,09,20,391/- was deposited before the Tehsildar, Pachpadra (Balotra) vide cheque dated 18-3-1995. Thereafter, as per the State respondent the possession of the land was taken by the Tehsildar, Pachpadra under Section 16 of the Act on the instructions of the Land Acquisition Officer and the same was handed over to the Executive Officer, Municipal Board, Balotra. The taking over of the possession by the respondents is seriously disputed by the petitioners in these petitions.
(2.) It has been submitted by counsel for the petitioners. Mr. D.S. Shishodia and Mr. B.L. Purohit that the entire land acquisition proceedings in the matter stands vitiated, on account of the fact, that there was non-compliance of the mandatory provisions of the publication of the notification under Section 4 and the publication of the declaration within the period admissible under the Act. Affixture on the conspicuous place was made prior to publication of the notification in the Gazette. Publication of Section 4 notification in the third newspaper will not be a date of publication of notice under Section 4. On the contrary, Mr. D.S. Rajvi, counsel for the State has submitted at the Court need not go into the merit of the 3seto ascertain whether Section notification said Section 6 declaration were published as enquired under the law because the petitioners + not approached the Court challenging the ratification within reasonable time and after delivery of possession the acquisition proceedings have attained finality. The petitions suffer from serious laches on the part to the petitioners and delay and therefore, the Court should not exercised extraordinary jurisdiction under Article 226, Constitution of India to set at naught the acquisition which has attained finality.
(3.) There is a serious dispute between the parties whether the possession of the lands under acquisition was taken. The petitioner's earned counsel has referred the order-sheet of the writ petition No. 751/95. The order-sheet shows that on 6-3-1995 the writ petition was tied in the Court. II appears that the defects pointed out by the office were removed sometime before 9-3-1995. The matter was listed before the Court on 13-3-1995. Mr. Pradeep Shah filed caveat for the respondents. Copy of the petition was supplied to him and lie prayed for time. The matter was directed to to be listed on 15-3-1995 after showing the name of Mr. Pradeep Shah in the cause-list. Accordingly, the matter was listed on 15-3-1995. On 15-3-1995, Mr. Govind Mathur, counsel for the petitioner submitted before the Court that the declaration under Section 6 was made after expiry of one year from the last publication of the notification under Section 4 of the Act. He submitted that on the basis of the draft award dated 28-12-1994, the award has been finalised. The petitioners have apprehension that they may be dispossessed from the lands in dispute at anytime. He further submitted that earlier entire proceedings was flopped by the Government, therefore, the proceedings taken now is not sustainable. Mr. Shah prayed for two weeks time to file reply. Mr. S.M. Singhvi, Dy. G.A. who was present in he Court accepted notice on the direction of the Court. It was directed to supply him copy of the writ petition along with documents and be prayed for time to file reply. The matter was directed to be put up on 27-3-1995 as prayed for. It would be pertinent to note here that the Court has not passed any order on stay. The matter came up on 27-3-1995. The order-sheet dated 27-3-1995 records that, "Mr. Pradeep Shah submits that he has been informed by the Municipal Board that they are seeking instructions from the Local Self Department, Jaipur and he further states that they will keep status quo as it exists today so far as the petitioners are concerned. He prays for four weeks time to file reply." The respondents have filed document Annex. R/1 Fard Kabja Mauka dated 26-3-1995. The memo of possession records that on 26-3-1995 in pursuance of the order issued by the Addl. District Collector (Land Acquisition Officer), Barmer in compliance of the final award dated 9-3-1995 and, in compliance of the order issued dated 10-3-1995, the Tehsildar, Pachpadra along with Patwari, Jasol, Inspector, Jasol, Executive Officer, Nagar Palika, Balotra, Revenue Officer and Surveyor, Nagar Palika Balotra reached to the spot and delivered possession on the spot to the Executive Officer, Nagar Palika, Balotra. The document is signed by all the officials mentioned in the document. On 26-3-1995, the fact of delivery of possession is recorded in 'ghatnabahi' of the Patwari which was produced and shown to the Court. After the possession has been taken, on 23-7-1995, mutation was made of the lands acquired in the name of Municipal Board, Balotra. The respondents have produced letter dated 23-7-1995 (Annex. R/11) addressed by the Executive Officer, Nagar Palika, Balotra to Secretary, Maha-Vidhyalaya Bhawan Nirman Samiti, Balotra delivering possession of Khasra No. 650 to 662, 665, 660/1 area 85 bigha 18 biswa (part of land acquired) as per the decision arrived at in the meeting dated 2-5-1995 for the construction of the government-college building. Annex. R/12 is letter showing that the Municipal Board has granted and deposited by cheque an amount of Rs. 22,00,000/- for College Building. Annex. R/ 13 is sanction of Rs. 1,10,00,000/- by the D.R.D.A. for the construction of the College building. Tenders have been invited for removal of the bushes from the lands acquired and was published in the Rajasthan Patrika. The document is Annexure 14.;