- (1.) As alleged in petition, petitioner Company registered & incorporated under Companies Act, 1956 entered into an agreement to sale (Ann.4) on 01/11/1995 in respect of a part & parcel of land. It was further alleged that some land was sold to petitioner by Mutual Housing Co-operative Society Ltd., as referred to in para 8 of petition, on the premise whereof petitioner Company claims to be person- interested and has assailed notification Under Section 4 of Land Acquisition Act, 1894 ('Act') & declaration Under Section 6 of the Act (Ann.11 & 12).
(2.) Main thrust of arguments made by petitioner's Counsel while assailing notification & declaration impugned is that 'public purpose' disclosed in notification Under Section 4 is completely vague, which has deprived petitioner-company from submitting written objections and so also of their valuable right provided for participation in inquiry Under Section 5A of the Act. In support, Counsel relied upon decision of Apex Court in Munshi Singh v. Union of India, 1973 1 SCR 973 .
(3.) Counsel further submits that after entering into agreement to sale (Ann.4), petitioner Company approached various authorities for approval of heritage Hotel/Hospitality project at Jaipur, which was approved by Tourism Department, Government of India and so also by Director of Tourism, Art & Culture, Rajasthan Jaipur as is evident from correspondence dt.14/01/98 & 09/02/98 (Ann.5 & 6); and there being no public purpose involved, respondents initiated process invoked powers for acquisition of land; and 'public purpose' as disclosed by respondents in the notification Under Section 4 is contrary to what has been envisaged in Section 3(f) of the Act; which vitiates acquisition proceedings initiated by respondents; as such Counsel submits that both the notification Under Section 4 & declaration Under Section 6 deserve to be quashed & set aside.;