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1996 DIGILAW 483 (RAJ)

Western Indian State Motors Ltd. v. State of Rajasthan

1996-05-07

V.G.PALSHIKAR

body1996
JUDGMENT 1. -By this petition, the petitioner has challenged the acquisi tion of land in old Khasra Nos. 490, 496, 498 & 499, total area 0. 9750 Hects. (Old Khasra Nos. 329/2, 336, 337, 343/2). 2. Apart from the statutory challenges regarding the publication of notice, the period of limitation etc., the ground on which the challenge is now submitted before me is that on 30.1.1992, the Urban Improvement Trust has itself sent a proposal to the Government of Rajasthan requesting for dropping these survey numbers from the acquisition proceedings as the purpose for which they were sought to be acquired is established by the constructions effected by the petitioner. The Government replied this letter and demanded explanation from the Trust as to why this proposal of dropping from acquisition the aforementioned land was sent, why no action is taken for raising illegal construction ? No reply was received by the State of this communication dated 22 4.1993. There is, therefore, no valid reason for rejecting the prayer or request of the Trust to drop the land referred to above in para 1 from acquisition proceedings. 3. Opposing the petition, it is submitted by the learned counsel appearing on behalf of the respondents that it is not open for the Trust to give up any Scheme, that the Government of Rajasthan has not separated these survey numbers from the land as the construction was effected without permission and without permission to convert agricultural land to non-agricultural purposes and, therefore, the land is liable to be accuired. 4. In my opinion, the petition is liable to be allowed for the simple reason that the Urban Improvement Trust has, in unequivocal terms, stated that the land covering the aforesaid survey numbers is not required by the Trust. The Trust is the primary and, in my opinion, the ultimate authority to decide regarding its need to acquire land. The proceedings were commenced at the instance of the Urban Improvement Trust, Udaipur and hence, the decision of the Trust that it is not requiring these lands should have been accepted by the State. Annexure R/5 on which reliance is placed, does not show such out-right rejection. It only calls for explanation as to why the land is sought to be given up is not explained by the Agency nor request for dropping from acquisition, these lands was decided. 5. Annexure R/5 on which reliance is placed, does not show such out-right rejection. It only calls for explanation as to why the land is sought to be given up is not explained by the Agency nor request for dropping from acquisition, these lands was decided. 5. n this view of the matter, I am of the opinion that the purpose for which the land was sought to be acquired having been accomplished, the need to acquire the survey numbers in question no longer survives. The acquisition proceedings in so far as these lands of the petitioner are concerned are, therefore, redundant. The purpose for which such acquisition was recommended was, thus, fulfilled and, therefore, the land was not required and hence it was sought to be dropped. That being the position, the proposal was liable to be accepted. 6. I, therefore, allow the petition and direct that these survey numbers be deleted from the proceedings for acquisition and acquisition for rest of the purposes and rest of the land mentioned in the Notification shall continue.Petition accepted. *******