V.K. Singhal, J. - (1.) All these writ petitions are disposed of by this common judgment since the controversy involved is the common.
(2.) Learned counsel for the respondents has raised a preliminary objection that writ petition suffers from laches and delay as they have been filed on 20-10-92 and 19-9-94 in which the order of the Addl. Collector, Bikaner dated 28-10-91 /28-12-91 has been challenged. Reliance is placed on the judgment given by this Court in the case of U.I.T. v. Gordhanlal S. B. Civil Writ Petition No. 4541/94 decided on 19-9-94. The Addl. Collector found that provisions of Section 11 -A are mandatory and award has to be passed within a period of two years and since the notifications were issued u/S. 52(1) of the Rajasthan Land Acquisition Acton 3-10-74,17-9-79 and on 10-12-80 and published in Gazette on 18-12-80 and 3-10-74, as such in accordance with the amendment Act, 1987 the provisions of Section 60A have been made effective from 1st August, 1987. The award having not been passed within two years, the acquisition proceedings were declared as lapsed. This Court in the case of U.I.T. v. Gordhanlal observed that a copy of the order be sent to the Chief Secretary and also the Chairman of the U.I.T Bikaner to fix the responsibility. The writ petition was dismissed being belated.
(3.) Learned counsel for the petitioner submits that land was required for scheme known a& Jainarain Vyas Nagar. Notification u/S. 52(2) of the Act was published in Gazette dated 3-10-74. The possession of the land was taken u/S. 52(6) by the State Government and was handed over to the Trust for improvement purposes in the year 1981. The Trust has allotted the plots in the year 1983 and 1984 and lacks of rupees have been spent for construction of roads and providing light, water and sanitary facilities. The State Government appointed the Collector for determination of compensation on 7-12-1987. The file was received from the office of the Addl. Collector, late i.e. on 11-8-94 and immediately on receiving the file, the writ petitions were tied. It is also submitted that possession is taken and land vests with the State Government, for not passing of the award within two years acquisition proceedings, have not lapsed.;