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2000 Supreme(Raj) 93

J.C.VERMA
Babulal Saini – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
G.L. Pareek, for Petitioner N.K. Joshi, for Respondents

Honble VERMA, J.–The only question which arises in the present writ petition is whether the respondents are competent to take over the possession of part of Khasra No. 35 situated in village Bhojpura, Jaipur near Jaipur as deemed to have been acquired without issuing any notification u/s 4 and 6 of the Land Acquisition Act was applicable at the relevant time and also whether if by mistake or otherwise by in-advertance compensation is determined for the land in question in the award even though not acquired, which could not have been so determined for the reason that the land was never so acquired by any notification and the said compensation having been paid to the petitioner or his predecessors, which compensation as now admitted and not denied, as a matter of fact, stands refunded to the respondents and the respondents having accepted back the above said compensation, are still entitled to say that the land measuring 3 Bighas 10 Biswas out of Khasra No. 35 which Khasra number measured 3 Bighas and 16 Biswas has vested in the respondents and whether that the petitioner can be deprived of the fruits and the utilisation of this land which was never acquired in accordance with law an



































































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