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2022 Supreme(Raj) 71

AKIL KURESHI, SUDESH BANSAL
Ram Gopal Yadav, S/o. Shri Ganaga Ram Yadav – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. Amit Kuri with Mr. Vikram Sharma and Mr. Aditi Jodha.
For the Respondent: Mr. R.P. Singh, AAG with Mr. Jai Vardhan Shekhawat, Mr. Virendra Lodha, Sr. Adv. assisted by Mr. Rachit Sharma.

ORDER :

1. This appeal is filed by the original-petitioners to challenge the judgment of the learned Single Judge dated 04.02.2022. The State Government has initiated land acquisition proceedings for acquiring private lands for the purposes of RIICO industrial area development. Section 6 notification under the Land Acquisition Act, 1894 was issued on 03.07.2013. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter to be referred as 'the Act of 2013') was enacted w.e.f. 01.01.2014. The land acquisition officer passed award on 01.07.2015. The petitioner challenged this award in the writ petition contending that in view of Section 25 of the Act of 2013 the proceedings had lapsed since no award was passed within one year as envisaged in the said Section. Learned Single Judge dismissed the writ petition upon which this appeal has been filed.

2. Learned counsel for the appellants drew out attention to a recent judgment of Division Bench of the Supreme Court in case of The Executive Engineer, Gosikhurd Project v. Mahesh and Ors. in which this very question came up for consideration as can be seen from the question framed

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