B.J. Shethna, J. - (1.) Learned Counsel Shri Purohit for the petitioner raised two submissions in this matter, (i) the impugned notification issued under Section 5A of the Act and (ii) the land which was sought to be acquired by the State Govt. for the Rajasthan State Electricity Board is a company, an as such without considering the provisions of Section 39, 40, 41 and 42 of the Act.
(2.) First submission raised by Mr. Purohit has no substance because the Govt. has applied urgency clause and in exercise of its powers under Section 17(4) of the Act the notification was ordered to be issued under Section 6 of the Act. Mr. Jain for the State has pointed out from the record that Mahant of Idol Thakur Ji Temple was going to sell the land after dividing the same into plots, therefore, urgency clause had to apply. Once the urgency clause is applied and there is reasonable justification for the same then there is no question of considering the objections filed by the petitioner under Section 5A of the Act. The petitioner has said in the petitioner but the objections filed under Section 5A to the notification issued under Section 4 of the Act were not taken into consideration. The copy of the same was not annexed with the petition. But, the same was produced before this court by the learned counsel for the petitioner for its perusal. Mr. Jain for the state has produced the entire record and submitted that no such objections were ever filed, therefore, there was no question of considering the same. In reply affidavit also it has been stated that no such objections were filed by the petitioner under Section 5A of the Act. Therefore, the submission made by Mr. Purohit for the petitioner that without considering the objections filed by the petitioner the notification under Section 6 of the Act was issued has to be rejected and it is rejected.
(3.) Second submission of Mr. Purohit is regarding non- consideration of provisions of Sections 39, 40, 41 and 42 of the Act. He submitted that the land was sought to be acquired for R.S.E.B. which is a company, therefore, it could not have been done without prior consideration of the aforesaid provisions of the Act. Mr. Jain for the State submitted that though the Rajasthan State Electricity Board is a company, but it stands different from other private or public companies. It is for the welfare of the public at large the land was sought to be acquired for the establishment of 132 KVA Grid Sub-Section for the maintenance and regular supply of electricity to remove voltage problems. It was in the interest of public at large, therefore, he submitted that there was no question of considering the provisions of Sections 39, 40, 41 and 42 of the Act. He submitted that once the urgency clause applied then even if it is a company then also there was no need to consider the same.;