Important Point - The object of publication of the notification under Section 4 [1] is notice to everyone that the land is needed or is likely to be needed for public purpose.

1. This writ petition has been filed with the following prayers which are quoted hereunder:

“i. to issue any order or direction or writ of any nature for quashing the entire Land Acquisition proceedings and petitioner’s land bearing Khasra no. 224 measuring 2 Bigha 3 Biswa situated in Village Devkhera, Tehsil Alwar;

ii. to issue any order or direction or writ of any nature for quashing notification under Section 4, 6 and Land Acquisition Award dated 19.07.1997/19.07.1979 in relation to the petitioner’s land bearing Khasra no. 224 measuring 2 Bigha 4 Biswa, situated at Village Devkhera, Tehsil Alwar;

iii. To issue any order or direction or writ of any nature for passing order for deacquiring the land or the petitioner Khasra no. 224 measuring 2 Bigha 4 Biswa, situated at Village Devkhera, Tehsil Alwar;

iv. in alternate to issue any order or direction or writ of any nature for regularisation of the petitioner land under circular dated 21.05.2000 issued by the government;

v. or any order or direction as deemed just and proper by the Hon’ble Court in the facts and circumstances of the case may also kindly be passed in favour of the petitioners.”

2. The prayers aforesaid reflect a challenge to the acquisition proceedings with the further prayer to direct the respondents to de-acquire the land. The other relief is for regularisation of the land in the light of circular of the State Government dated 21st May, 2000.

3. Learned counsel for petitioner submits that after a Notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Act of 1894”), declaration under Section 6 was made followed by an award. The land is still in possession of the petitioner thus a prayer is made to regularise it in his name. The settlement committee called the petitioner but regularization of the land has not been made though as per circular of the Government, even acquired land can be regularised in favour of a person interested or in possession. It is also stated that neighbouring land has been de-acquired thus to avoid discrimination, a direction to de-acquire the land be given. The challenge to the acquisition of land has been made on various grounds and recently an application has been filed to declare the acquisition of land as lapsed pursuant to Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the Act of 2013”). The provision aforesaid provides deemed lapse of acquisition in event of non-payment of compensation or if physical possession is not taken from the land holder even after the award passed five years prior to 1st January, 2014 i.e. the date from which Act of 2013 was given effect. The declaration of deemed lapse has been sought in view of possession of land with the petitioner. A prayer is accordingly made to allow the writ petition with grant of relief.

4. Learned counsel for petitioner submits that land in question was purchased by him subsequent to the Notification under Section 4 of the Act of 1894 but prior to the declaration under Section 6 of the Act. In the light of the above, rigour of Section 4 of the Rajasthan Lands (Restrictions on Transfer) Act, 1976 (for short “the Act of 1976”) would not apply. It applies only to the case where purchase of the land is made subsequent to declaration under Section 6 of the Act of 1894.

5. It is further submitted that right of the petitioner has been recognised even by the Land Acquisition Officer. It would reflect from perusal of the award where compensation has been given to the petitioner. Once right of the petitioner has been recognised, Section 4 of the Act of 1976 would not apply.

6. On a representation for regularisation of land, the petitioner was asked to participate in the proceedings. Taking into consideration the facts of this case, the relief prayed in the writ petition or the alternative prayer of lapse of the acquisition may be allowed. A reference of the judgments of the Del