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2012 Supreme(Raj) 2231

ARUN MISHRA, NARENDRA KUMAR JAIN II
Jaipur Metro Rail Corporation Limited – Appellant
Versus
Alok Kotahwala – Respondent


Advocates:
For the Petitioner:R. N. Mathur, Counsel assisted by sandeep Pathak, Advocate.
For the Respondents (Nos. 1 to 4):A.K.Bhandari, Sr. Counsel assisted by Vaibhay Bhargava, Advocate.
For the Respondents (Nos. 5 to 8):G.S. Bapna, Advocate General, Venkatesh Garg, Advocate.

JUDGMENT

1. Admit. Heard finally with the consent of the learned counsel for the parties.

2. The intra Court appeal has been preferred by the appellant Jaipur Metro Rail Corporation Ltd. as against the interlocutory order passed by the Single Bench on September 11, 2012 staying the acquisition proceedings of the land in question and giving liberty to the State Government to restart the proceedings for the purpose of land acquisition in accordance with law with respect to land being acquired for the purpose of Jaipur Metro Rail Project.

3. The writ petition has been filed by the petitioners Alok Kotahwala & Ors. before the Single Bench praying for the relief of quashment of Notification issued under Section 4 on 26-5-2011 and the declaration issued under Section 6 of the Land Acquisition Act, hereinafter referred to as "the Act", published in Rajasthan Patrika on 6-7-2012. Prayer has also been made to quash the notice dated 11-7-2012 issued under Section 9 of the Act on the ground that acquisition of the land for the Metro Car Depot as mentioned in the Notification under Section 4 of the Act is illegal, it amounts to colourable and mala fide exercise of the power; there has been gross



































































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