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1998 Supreme(Raj) 399

ARUN MADAN
National Engineering Industries Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Alok Sharma and Sanjay Sharma, for the Appellant
N.L. Pareek, Addl. Govt. Advocate for the Respondents

Judgment

Arun Madan, J.-The Petitioner, National Engineering Industries (for short “the Company”) by way of this Writ Petition filed under Article 226 of the Constitution of India, has challenged the Order, dated 19-2-1994, issued by Respondent No. 4 viz. Sub-Divisional Officer, Jaipur directing the Petitioner-Company to remove its purported encroachment over Khasra Nos. 138/279 and 139/279 in Bassi Sitararnpura by 25-2-1994 failing which coercive action for removal of the aforesaid encroachment was directed to be initiated at the instance of Respondent No. 4 against the Petitioner-Company vide impugned Notice. dated 9-4-1994. It is the said Notice which has been challenged by the Petitioner-Company on the ground of having been issued by Respondent No. 4 as being wholly arbitrary, unwarranted, without jurisdiction and on extraneous considerations and is also barred on the principle of promissory estoppel. Prior to initiation of land acquisition proceedings in pursuance of the expansion programme of the industrial unit of the Petitioner-Company, an application was moved by the Petitioner-Company (for short “NEI”). Department of Industries, Government of Rajasthan as on 19-4-1958 for




































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