2009 Supreme(Raj) 2125
AJAY RASTOGI
Jodha – Appellant
Versus
Jaipur Development Authority – Respondent
Advocates:
For the Petitioner:Ashok Gaur, Advocate.
For the Respondent No. 4:Kamlakar Sharma, Advocate.
For the Respondent JDA:Mahendra Goyal, Advocate.
For the Respondent Nos. 11 to 15:N.L. Agrawal, Advocate.
JUDGMENT
1. - Instant petition has been filed by Khatedar & seller of his half share (24 bighas & 8 biswa) in agricultural land bearing Khasra Nos.201 & 202 measuring total 48 bighas 16 biswa situated in village Khatipura Beed, Tehsil/District Jaipur, seeking mandamus against respondent No.3 (Land Acquisition Officer, JDA) to refer the dispute to Civil Court arising out of Award dated 26/06/89 (Ann.1).
2. Notification Under section 52(2) of Rajasthan Urban Improvement Act, 1959 ("UI Act") was issued and published in official gazette dated 10/10/79 intending to acquire agricultural land situated in village Khatipura Beed including land alleged to be share of petitioner in Khasra NO.201 & 202 measuring 24 bighas 8 biswa. It was followed by notification dated 20/04/84 Under section 52(1) declaring the acquired land being needed for public purposes; and being vested in State Government. Thereafter notice dated 21/04/87 (Ann.R.5/3) Under Section 9 & 10 of the Land Acquisition Act, 1984 ("LA Act") was issued to Khatedar (petitioner) by respondent-3 (LAO) for submitting claim for determination of compensation; and after considering respective claims and objections filed by "persons interes
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