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1996 Supreme(Raj) 1161

M.G.MUKHERJI, BHAGWATI PRASAD
Mohan Singh – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - This Special Appeal is directed against the judgment of the learned Single Judge of this Court, dated 28.5.1996.

2. Acquisition proceedings were initiated by the State of Rajasthan for acquiring lands, required for constructing a bypass to divert traffic on the national highway passing through the town of Pali.

3. To initiate the proceedings of land acquisition, a Notification under Section 4 of the Land Acquisition Act (hereinafter referred to as `the Act') was issued by the Land Acquisition Officer on 16.9.95. This Notification was also published in Newspaper. It is alleged by the appellant that when he learnt about the proceedings under section 4(1) of the Act, he submitted objections under section 5-A of the Act before the Land Acquisition Officer on 5.10.95. Further case of the appellant is that while he was awaiting to be heard on his objections, he came to know that a Notification has been published in the Gazette of Rajasthan dated 16th October, 1995. The Notification was dated 13th October, 1995. By this Notification provisions of Section 5-A were made in applicable in the matter and a declaration was made under Section 17 of the Act for the agency of the purpo















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