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2018 Supreme(Raj) 1864

K.S. JHAVERI, VIJAY KUMAR VYAS
Mangilal Chothmal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Saket Pareek, Adv., Aditya Pareek, Adv., Anil Mehta, Adv., Rajendra Prasad, Adv., Sandeep Pathak, Adv.

JUDGMENT

1. In these appeals common questions of law and facts are involved, hence, they are decided by this common judgment.

2. By way of these appeals, the appellants have challenged the judgment and order of the learned single Judge whereby the learned single Judge has dismissed the petitions and has upheld the action of the State Government in issuing notification under Section 4 of the Land Acquisition Act.

3. Counsel who appeared for the appellants has merely contended that the acquisition which has been made by the State Government is for Loha Mandi Scheme where the total area was 3,91,000 square metre and necessity for Steel Merchant Association was only 50% i.e. 1,76,000 square metre and for which letter dated 22nd August, 1998 Annexure 15 was issued. The Section 4 notification for the first time was issued on 28th August, 2001 and thereafter Section 6 notification was issued on 27th July, 2002 whereas the Section 4 notification for Phase 2 was issued on 25th July, 2002 and Section 6 notification Phase 2 was issued on 12th February, 2003. He has also emphasized that before Section 6 notification of Phase 2, notification of Section 4 Phase 2 was issued. Similarly paper publi

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