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1983 Supreme(Raj) 166

KANTA KUMARI BHATNAGAR, S.K.M.LODHA
URBAN IMPROVEMENT TRUST – Appellant
Versus
BALVEER SINGH – Respondent


Advocates Appeared:
H.N.Calla, K.N.JOSHI, M.C.Bhandari

Judgment


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 C


















































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