JUDGMENT 1. The petition raises a short issue. The challenge is to the land acquisition proceedings under the Raj. Land Acquisition Act, 1953. The notification was issued under Section 4(1) of the Raj. Land Acquisition Act on 9-1-79. Notices required under Section 4(5) of the Raj. Land Acquisition Act were issued on 21-7-79. Thereby, the declaration under Section read with Section 17(1) was published on 14-7-83 which also contains directions of State Govt, under Section 17(1) of the Act for taking possession of the land. 2. No return has been filed by any of the party disputing any of the dates, mentioned above. 3. It is in the aforesaid chronology of the facts the petitioner contends that the declaration under Section 6 has been issued without jurisdiction and in clear violation of prohibition contained in Section 5(2) of the Raj. 2. No return has been filed by any of the party disputing any of the dates, mentioned above. 3. It is in the aforesaid chronology of the facts the petitioner contends that the declaration under Section 6 has been issued without jurisdiction and in clear violation of prohibition contained in Section 5(2) of the Raj. Land Acquisition (Amendment and Validation) Act, 1981, Section 5 reads as under:- "5(1) Not with standing any judgment, decree or order of any court to the contrary; (a) no acquisition of land made or purporting to have been made under the principle Act before the commencement of this Act, and no action taken or thing done (including any order made, agreement entered into, or notice given) in connection with such acquisition shall be deemed to be invalid or even to have become invalid merely on the ground - (i) that one or more Collectors have performed the functions of Collector under the Principal Act in respect of the land covered by the same notice under sub-section (5) of Section 4 of the principal Act; (ii) that one or more reports have been made under sub-section (2) of Section 5A of the principal Act, whether in respect of entire land or different parcels thereof, covered by the same notice under sub-section (5) of Section 4 of the principal Act; (iii) that one or more declarations have been made under Section 6 of the principal Act in respect of different parcels of the land covered by the same notice under sub-section (5) of Section 4 of the principal Act; (b) any acquisition in pursuance of any notice given under sub-section (5) of Section 4 of the principal Act before the commencement of this Act may be made after such commencement and no such acquisition and no action taken or thing done (including any order made, agreement entered into or notice given), whether before or after such commencement. In connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (4) or any of them. In connection with such acquisition shall be deemed to be invalid merely on the grounds referred to in clause (4) or any of them. (2) Notwithstanding anything contained in clause (b) of sub-section (1) no declaration under Section 6 of the principal Act in respect of any land for the acquisition of which notice under sub-section (5) of Section 4 of the principal Act has been given before the commencement of this Act shall be made after the expiry of two years from the commencement of the said Act." 4. Under the provisions of Rajasthan land Acquisition Act as it stood originally there was no period within which declaration under Section 6 was required to be issued after the proceedings were commenced under Section 4 of the Act. In order to ensure that the land acquisition proceedings do not linger on for unduly long time and that the proceedings and the provisions may not be abused for the purpose of pegging down the market price of the land to the date of declaration under Section 4 to deprive the just interest outstanding (sic) the state their just and fair compensation, the Rajasthan Land Acquisition (Amendment and Validation) Ordinance 1981 was promulgated which came into force on 27-6-81 which amended Section 6 of the Land Acquisition Act by providing that no declaration in respect of any land covered by notice under Section 4 subsection 5 after commencement of Rajasthan Land Acquisition (Amendment and Validation) Ordinance shall be made after the expiry of three years from the date of giving of such notice. To govern the pending land acquisition proceedings which has been commenced prior to the coming into force of the Ordinance, and in which no declaration under Section 6 has been made, it was provided under Sub-clause (2) of Section 5 that no declaration under Section 6 in respect of land covered by notification under Section 4(5) issued prior to the commencement of the Act shall be made after the expiry of two years from the commencement of the said ordinance. The Ordinance was replaced by the Raj. Land Acquisition (Amendment and Validation) Act 1981 under Section 1(2) the Act was deemed to have come into force with effect from 27-6-81, commensuration with the date of Ordinance, 1981 which it was replacing. 5. The Ordinance was replaced by the Raj. Land Acquisition (Amendment and Validation) Act 1981 under Section 1(2) the Act was deemed to have come into force with effect from 27-6-81, commensuration with the date of Ordinance, 1981 which it was replacing. 5. It may also be noticed that in the like manner the provisions of Section 6 of the Central Land Acquisition Act, 1894 were also amended in the year 1967 by parliament through the Land Acquisition (Amendment and Validation) Act 1987. 6. The embargo on the power of the State to issue declaration under Section 6 after expiry of two years from the date of commencement of the Amendment Act i.e. to say 27-6-81 is clear and absolute. In terms of aforesaid provisions where notices under Section 4(5) were issued prior to the commencement of amending Act, after the expiry of two years from the date of commencement of the Amendment Act 1981. No power was left with the State to act upon such notices. In other words where notices were issued under Section 4(5) before 27-6-81 in respect of any land covered under such notices the period within which declaration under Section 6 could be issued by State Govt, expired on 27-6-83. 7. From the facts of the present case noticed above, which are not disputed it is apparent that notice under Section 4(5) was issued on 21 -7-79 i.e. to say prior to 27-6-81, the date of the commencement of amending Act of 1981 and the power of the State Govt, to issue declaration under Section 6 in respect of any land covered by said notice lapsed on 27-6-83 by the limitation provided under Section 5(2) of the Amended Act. No declaration having been made upto 27-6-83, thereafter, the State was left with no authority to act in furtherance of notice under Section 4(5) on 14-7-83 to issue declaration under Section 6 and further directions under Section 17 of the Raj. Land Acquisition Act. Therefore, in my opinion the land acquisition proceedings in furtherance of notification under Section 4(1) dt/- 9-1-79 and notice under Section 4(5) dated 21-7-79 lapsed. As the proceedings lapsed on 27-6-83 it cannot be said to be pending, thereafter, when the subsequent amendment in the Central Act by the amending Act 1984 came into force and that will not result in reviving those proceedings. 8. As the proceedings lapsed on 27-6-83 it cannot be said to be pending, thereafter, when the subsequent amendment in the Central Act by the amending Act 1984 came into force and that will not result in reviving those proceedings. 8. The petition is accordingly allowed, the notification under Section 4(1) dated 9-1-79 Annex. 1, notice under Section 4(5) Annex. 2 and declaration under Section 6 read with Section 17 dated 14-7-83 Annex. 3 are quashed. 9. There will be no order as to costs.Petition allowed. *******