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2013 Supreme(Raj) 449

MOHAMMAD RAFIQ
Amarjeet Kaur – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
Ashok Gaur, Sr. Counsel with Ashwani Jaiman and Himanshu Jain, for Petitioner;
R.K. Mathur, Senior Counsel, with A.K. Mathur, for Respondents No.1 and 2;
Nitin Choudhary for B.K. Sharma, for Respondent No.3

Hon'ble RAFIQ, J.—This writ petition has been filed by Smt. Amarjeet Kaur, widow of late Brigadier Shri Satyawan Singh and her two sons Col. Guru Pratap Singh and Col. Harindera Singh, who are both Colonel in the Indian Army, way back in 1998, challenging the notification dated 11.07.1991 issued under Section 4 of the Land Acquisition Act, 1894 and the award dated 09.01.1995 by which the land was acquired. The aforesaid notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act') was issued, apart from other land, to acquire the land of Khasra No.371/2 measuring 1 bigha in village Devkheda, Tehsil and District Alwar, which the petitioner no.1 jointly purchased with her husband late Brigadier Satyawan Singh Dhillon by registered sale deed dated 12.06.1978 from Smt. Ram Pyari. The said land was mutated in their favour. According to the petitioners, they constructed a residential house in the said land comprising of six rooms, one kitchen, one toilet, one latrine. They also constructed a staircase, drawing room and two huts along-with two stores, which were also constructed for livestock. The petitioners also planted about 200 permanent trees like Sheesham, Gul


































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