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SAMEER JAIN
Vimal Kumar Gupta – Appellant
Versus
Pr. Secretary To The Government, Industries Department Department, Government Of Rajasthan, Jaipur – Respondent
JUDGMENT
1. Instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner challenging the acquisition proceedings initiated by the respondents for acquisition of the agricultural land of the petitioner bearing Khasra No.106 measuring 1.10 hectare at Sitapura Industrial Area, Jaipur under the Land Acquisition Act, 1894 and for seeking directions from this Court for quashing and setting aside the notification dated 27/05/2005 issued under Section 5 of the Act of 1894 as well as declaration dated 19/05/2006 under Section 6 of the Act of 1894.
2. Facts of the case as per the petitioner are that the petitioner purchased the above referred land in revenue village Vimalpura, Tehsil Sanganer, District Jaipur measuring 4 Bigha 2 Biswa (1.10 hectare) on 17/02/2003 by way of registered sale deed. On 27/05/2005, the respondent-State issued a notification under Section 4 of the Act of 1894 for acquisition of the said land for the purpose of expansion of Sitapura Industrial Area to be developed by respondent no.2-RIICO. The total land to be acquired was 199.75 acres. On 16/06/2005, the petitioner filed objections under Section 5A of the Act of 1894 stating t
The main legal point established is that the acquisition for public purposes and industrial expansion is justified under the Land Acquisition Act, 1894, and the objections of the affected parties mus....
An argument to contrary blurs boundary lines of schemes of acquisition envisaged under these statutes and thus, runs counter to scope of section 28 of 1966 Act.
The court affirmed that compliance with the Land Acquisition Act, 1894 is essential for valid land acquisition, particularly regarding notifications and public interest.
Objections confined to compensation do not trigger Section 5A protections, which are exclusive to acquisition legality; statutory remedies for compensation must be pursued separately.
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