JUDGEMENT

M.N.BHANDARI,J. - (1.)By this writ petition, a challenge is made to the acquisition of the land measuring 19098 square yards. The prayer is to declare acquisition to have lapsed as per section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the Act of 2013"). The further prayer is to declare the constructed building on the aforesaid land was not part of acquisition and if court holds otherwise then declare it to have lapsed. The respondents be restrained to take any action and to restore the possession. The notice under section 72 of the Jaipur Development Authority Act, 1982 (for short 'the Act of 1982') has also been challenged. Brief facts of the case -
(2.)It is stated that a Covenant was entered between the Government of India and Lt. General Sir Sawai Mansingh Bahadur, Jaipur, wherein, land of Raj Mahal was declared to be his private property. The land was then gifted to Maharaja Bhawani Singh in February, 1957. A lease deed was executed on 10.4.1968 in favour of the petitioner company for the land measuring 74798 square yards. The petitioner company then assigned an area of 55,076 square yards to Gandhi Grah Nirman Sahkari Samiti (for short "the Sahkari Samiti"). The left out area of 19098 square yards remained with the petitioner company.
(3.)The State of Rajasthan issued a notification under section 52(2) of the Urban Improvement Trust Act, 1959 (for short "the Act of 1959") on 24.3.1973 showing intention to acquire vacant land near Residency Area, Jaipur. The Notification under section 52(1) of the Act of 1959 was then issued on 11.7.1974.
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