- (1.) At joint request, since these petitioners involve identical questions, were finally heard together and are being disposed of by this order.
(2.) Instant petitions have been filed for quashing of- (1) notification dt. 25.7.2006 published in Rajasthan Gazette dt. 28.7.06 issued u/S. 4 of Land Acquisition Act, 1894 ("L.A. Act") whereby land measuring 483.84 hectares belonging to various Khatedars including petitioners herein was sought to be acquired by respondents for purposes of development of industrial area in respect of Rajasthan State Industrial Development & Investment Corporation Limited (respondent-RIICO) which is a Company, owned & controlled by State Government; and (2) declaration dt. 6.8.07 made u/S. 6 of L.A. Act published in Rajasthan Official Gazette dt. 10.8.07 and in daily news papers -Rajasthan Patrika & Arun Prabha on 9.8.07. Facts, in brief, relevant for deciding disputes raised herein are thus. Respondent (RIICO) had established an Industrial area situated in Bhiwadi (district Alwar) for which, hundreds of applications seeking allotment of industrial area were filed by persons interested in establishing industries in Bhiwadi, which were pending consideration; so taking note of large public interest to get investments in the State and to provide opportunity of employment to people, a proposal was sent by respondent (RIICO) to the State Government on 6.7.2006 for development of industrial area in three revenue villages (1) Khijarpur-Bilahera, (2) Kahrani and (3) Mundana of Tehsil Tijara, district Alwar. Taking note whereof, appropriate Govt, issued preliminary notification dt. 25.7.06 u/S. 4 of the Act which was published in Rajasthan Gazette dt. 28.7.06 while in daily news papers Rajasthan Patrika & Sandhya Jyoti Darpan dt. 30.7.06; and substance of notification was also affixed at conspicuous places in the locality as alleged by respondents on 8.8.06 intending to acquire land measuring 483.84 hectares; which has seriously been disputed by petitioners and would be considered in later part of this judgment.However, by publication of notification u/S. 4 of the Act, objections were invited from persons interested- in pursuance whereof, 141 objectors claiming themselves as persons interested in the land sought to be acquired u/S. 4(1) for public purposes submitted their objections within time stipulated u/S. 5A(1). After more than ten months, notice was published in daily news paper, Alwar Dainik Bhaskar dt. 24.6.07 at the instance of Regional Manager RIICO that public hearing in regard to proceedings initiated for acquisition of the land measuring 483.84 hectares would take place on 25.6.07 in the Officer of RIICO, Camp at Bhiwadi and persons/objectors who filed their objections to acquisition proceedings may appear in course of public hearing on 25.6.07 in between 10 AM to 5 PM.
(3.) However, Land Acquisition 6fficer ("LAO") in order sheet of 25.6.07 recorded that Objections were submitted by persons interested during public hearing provided u/S. 5A(2) and after holding further inquiry, submitted report dt. 24.7.07 recommending acquisition of proposed land notified u/S. 4(1) of the Act except for some area where temples, mosque & Gurdwara besides large number of houges were situated, which the RIICO, itself declined for acquisition.;