S. K. MAL LODHA, J.

( 1 ) THESE two special appeals Nos. 21/82 and 183/82 have been filed by (1) Urban Improvement Trust. Jodhpur (for short the Trust) and (2) State of Rajasthan and the Special Officer, Town Planning Department, Jodhpur respectively against the judgment dt. Aprl. 30. 1981 of the learned single Judge, by which he allowed Civil Writ Petn. No. 13 of 1975 (Reported in ILR (1981) 31 Raj 656) filed by the petitioners-respondents Balveer Singh and eleven others and declared the Notification Annexure 18 dt. June 3, 1974 invalid and quashed the acquisition proceedings. As both the appeals are directed against the judgment dt. Aprl. 30. 1981 and involve identical questions and were heard together, we consider it proper to dispose them of by a common judgment.

( 2 ) BALVEERSINGH and eleven others who are respondents in both the appeals, will hereinafter be referred to as the petitioners. They filed the writ petition challenging the acquisition proceedings of their land under S. 52 of the Rajasthan Urban Improvement Act (No. XXXV of 1959) (hereinafter referred to as the Act ). The petitioners purchased some land situate on the western side of the road leading from Circuit House to Ratanada Crossing, by a sale deed dt. Oct. 13, 1971 from His Highness Shri Gajesingh of Jodhpur for constructing houses for their own residence. They submitted an application on May 9, 1972 to the Secretary of the Trust for sub-division, reconstitution and improvement of the plots. A plan was submitted along with the application showing the proposed sub-division. The prescribed fee of Rs. 25/ - was also deposited by letter dt. Sept. 5, 1972, the Secretary of the Trust asked the petitioners to get the land in dispute converted into Abadi land. The petitioners sent a reply vide letter dt. Oct. 3, 1972 stating that the land is not an agricultural land, but is an urban land and reference was made to various documents. The Secretary sought further information by his letter dt. Nov. 22, 1972. No communication was received by the petitioners till Dec. 31, 1973. A Notification No. F15 (3) (N. A. /group 2173 dt. Mar. 6, 1973 was published in the Rajasthan Gazette Part VII (Kha) page 3 dt. April 19, 1973, under S. 32 (1) of the Act. It was mentioned in the Notification that the Trust has decided to frame a scheme in respect of the land mentioned therein, which includes the land of the petitioners. In the Notification (Annx.-6), it was also stated that the scheme and the plan, and other information are available in the office of the Trust and they can be seen there. Captain Ratanlal (petitioner 5) and Raghuveer Singh (Petitioner 10) went to the office of the Trust to see the said scheme and the plan, but they were not available. According to the petitioners, the scheme and the plan were not available to corroborate the advertisement published in Hindi daily paper daily Tarun Rajasthan dt. July 15, 1973 marked as Anx.-7. The petitioners received notice Annx.-8 dt. June 28, 1973 on July 7, 1973 under S. 52 (2) of the Act calling upon them to show cause within 30 days why the land described therein be not acquired. In the notice, it was stated that the land is required for the purpose of improvement and for the provision of residential-cum-shopping scheme. The area of the land mentioned in the notice was 19,260 Sq. yds. In the advertisement published in daily Tarun Rajasthan dt. July 15, 1973, the land mentioned to be required for the scheme is about 1,00,000 sq. yds. The petitioners land is 19,263 sq. yds. Captain Ratan Lal (petitioner 5) again visited the office of the Trust to see the scheme and the plan but the same were not available that time also. Thereafter, the petitioners submitted an application by registered post asking for certain information. Captain Ratanlal (petitioner 5) and Raghuveersingh (petitioner 10) submitted an application on July 31, 1973 for copies of certain documents in respect of the said scheme and offered to deposit R