Om Prakash vs State of Rajasthan - 2021 Supreme(Raj) 2050

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 2050

INDERJEET SINGH
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent

Advocates appeared:
Mr. Anuroop Singhi, Mr. Tarun Verma, Mr. Devansh Sharma, for the Appellant; Mr. R.P. Singh, AAG Assisted by Mr, Jaivardhan Singh Shekhawat & Mr. Hemant Kothari, Ms. Sheetal Mirdha, AAG Assisted by Mr. Prateek Singh, for the Respondent.

ORDER

1. With the consent of both the parties the matter is heard finally.

2. The prayer made by the petitioners in the present writ petition reads as under:-

'It is therefore, most humbly prayed that this Hon'ble Court may be pleased to allow and accept this writ petition and pleased to issue an appropriate writ, order or direction in the nature thereof, thereby:-

i) quashing and setting-aside the award dated 03/08/2012 (Annexure-6) being contrary to law;

ii) declaring the notification dated 27/01/2009 under Section 4 and declaration dated 28/06/2010 under Section 6 of the Act of 1894 to be void ab-initio, illegal so far as it relates to the land of the petitioner;

iii) quashing and setting-aside the entire land acquisition proceedings in pursuance to the notification dated 27/01/2009, declaration dated 28/06/2010 and award dated 03/08/2012 and the land of the petitioner be left out from the acquisition;

iv) awarding any other appropriate order or direction which this Hon'ble Court, may deem just and proper in the facts and circumstances of the case, in favour of the petitioner.

v) awarding cost in favour of the petitioner.'

3. Brief facts of the case are that the respondents-State in