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2002 Supreme(SC) 955

D.M.DHARMADHIKARI, M.B.SHAH
Urban Improvement Trust, Udaipur – Appellant
Versus
Bheru Lal – Respondent


JUDGMENT

Shah, J.-Leave granted in the special leave petitions.

2. The notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act ) was made by the State of Rajasthan on 21st February, 1990 for acquiring approximately 4800 bighas of land situated in Tehsil Girwa, district Udaipur as it was required by Urban Improvement Trust, Udaipur (hereinafter referred to as the Improvement Trust ), for the public purpose i.e. Udaipur Bhuwana Extension Scheme, Udaipur. Bhuwana Extension Scheme of the Improvement Trust is a residential scheme sub-serving the objective of the planned development and utilization of the notified land. The Improvement Trust, Udaipur was established under the provisions of the Rajasthan Urban Development Act, 1959 for the purpose of carrying out improvement and expansion etc. of urban area of the city Udaipur. It provides for the acquisition of any land or other property necessary for the execution of the Scheme.

3. Before the notification could be published in the official gazette, the Gram Panchayat Bhuwana filed Civil Writ Petition No.2255 of 1991 on 20.5.1991 challenging the notification dated 21st February, 1990. In the










































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