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2005 Supreme(Raj) 1585

P.C.TATIA
Maharaj Himmat Singh – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
B.C. Mehta, for Petitioners L.R. Upadhyaya, Rajesh Joshi, Dy. GA. for Respondents

Honble TATIA, J.–Heard learned counsel for the parties.

(2). The present controversy has a chequered history as the controversy started when the Union of India issued a notification under Section 23(1) of the Defence and Internal Security of India Act, 1971 (for short ``the Act of 1971) for requisitioning a total land measuring 645 acres Copy of the notification has been placed on record by the petitioners as Annex. 11. The description of the property has been given in the notification which is as under:-

Name of Village Khasra Number Area in Acres Remark

Jodhpur Jodhpur 298 297 7.20 13.60 State govt. Land area 21.00 acres

Jodhpur Jodhpur Jodhpur Jodhpur 426 632 632/1 632/4 296.20 158.00 Private Land area 62.00 acres

Digeri 170.00

Total : 645.00

(3). It appears from the facts that so far as requisitioning the property by the Union of India under the Act of 1971 was never challenged by the petitioners and total also, there is no dispute about the requisitioning of the property by the Union of India mentioned in the notification dated 6.5.1976 (Annex. 11). How much land was acquired by the said notification is also not in dispute. However, the petitioners apprehending that their land ma






















































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