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2017 Supreme(Raj) 2190

M.N.BHANDARI
SMS Investment Corporation Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant :Mr. K.K Sharma, Sr. Advocate with Mrs. Alankrita Sharma, Mr. Madhu Sudan Rajpurohit, Advocates
For the Respondent:Mr. P.S Narasimha, Sr. Advocate, Additional Solicitor General of India, Mr. Rajendra Prasad, Additional Advocate General with Mr. Prabhat Kumar and Mr. M. Shiromani Sharma, Advocates

JUDGMENT :

M.N. Bhandari, J.

By this writ petition, a challenge is made to the acquisition of the land measuring 19098 square yards. The prayer is to declare acquisition to have lapsed as per 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 further prayer is to declare the constructed building on the aforesaid land was not part of acquisition and if court holds otherwise then declare it to have lapsed. The respondents be restrained to take any action and to restore the possession. The notice under section 72 of the Jaipur Development Authority Act, 1982 (for short 'the Act of 1982') has also been challenged.

Brief facts of the case -

2. It is stated that a Covenant was entered between the Government of India and Lt. General Sir Sawai Mansingh Bahadur, Jaipur, wherein, land of Raj Mahal was declared to be his private property. The land was then gifted to Maharaja Bhawani Singh in February, 1957. A lease deed was executed on 10.4.1968 in favour of the petitioner company for the land measuring 74798 square yards. The petitioner company then assigned an area of 55,076 square yar










































































































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