Honble MATHUR, J.–These two special appeals separately preferred, one by Union of India and another by the State of Rajasthan are directed against the judgment of the learned Single Judge setting aside the order Annexure-12 dated 7.05.1993 and the Gazette Notification Annexure-13 of the same date issued by the competent authority (Collector, Jodhpur) under Section 7 of the Requisitioning & Acquisition of Immovable Properties Act, 1952 (hereinafter referred to as the Act of 1952) for the acquisition of requisitioned property for defence purposes.

(2). The salient facts in short as emerged from the pleadings are as follows:-

The former ruler of the State of Jodhpur Maharaja Shri Gaj Singh created a Trust of a land in South of Umaid Bhawan Palace ad measuring about 1790000 Sq. Yards in the name of the writ petitioner respondent Major Maharaja Hari Singh Benefit of Defence Services Personnel Charitable Trust (hereinafter referred to as the Trust).

REQUISITION UNDER DEFENCE OF INDIA ACT:

(3). The Defence Ministry required about 645 Acres of land for the purpose of developing the Army Cantonment consisting of Khasra No. 426, 296, 297, 632, 632/1 & 632/4. It appears that in this connection th

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