Hon'ble LODHA, J.— These seven special appeals arise out of a common order dated 16th September,1998 passed by the learned Single Judge of this Court , whereby the writ petitions Nos. 1092/89, 1108/89, 1109/89, 1110/89 and 1111/89 preferred by the respective writ petitioners have been allowed and accordingly, the notification u/Sec. 4 of the Rajasthan Land Acquisition Act, 1953 ( in short “Rajasthan Act” hereinafter) so far as it relates to the subject matter of these writ petitions , has been quashed. However,by the self same order, the writ petition Nos.1077/89, 1058/89, and 1083/89 have been dismissed.

2. Against the order passed in Writ Petition Nos. 1092/89, 1108/89, 1109/89, 1110/89 and 1111/89, the State has filed the special appeals Nos. 1108/98, 1109/98, 1110/98, 1111/98 and 1120/98 respectively, whereas against the order passed in Writ Petition Nos. 1058/89 and 1077/89, the writ petitioners Shri Ram Kumar and Shri Radhey Shyam have filed the special appeal Nos. 1022/98 and 1023/98 respectively. All the special appeals were heard together and the same are being disposed of by this common order.

3. In the five writ petitions which have been allowed by the learned Single Judge by the order impugned , the land acquisition proceedings have been quashed on the ground that the declaration u/Sec. 6 of the Land Acquisition Act, 1894 was not made within the time limit.

4. The notification u/Sec. 4 of the Rajasthan Act was issued with regard to the lands subject matter of aforesaid five writ petitions on 31.5.82. The report u/Sec. 5-A of the Rajasthan Act was submitted by the Land Acquisition Officer to the State Government through the District Collector, Bhilwara on 24.6.86. The declaration u/Sec. 6 of the Rajasthan Act with regard to some of the lands was published vide notification dated 12.2.87 in the official gazette on 5.3.87. Notice u/Sec. 9 of the Rajasthan Act was issued and the writ petitioners were called upon to submit their claim. The possession of the lands was taken by the Land Acquisition Officer and handed over to the Municipal Board, Gangapur for whose benefits the lands were acquired. The award was passed by the Land Acquisition Officer on 4.8.88, which was later revised vide order dated 29.12.88. However, an amended notification u/s. 6 dated 5.6.95 giving the details of inter alia the lands which are subject matter of five writ petitions allowed by the learned Single Judge, was published in official gazette on 8.6.95, declaring it to be part of the original notification dated 12.2.87, it was made effective with effect from 5.3.87.

5. It was contended on behalf of the writ petitioners before the learned Single Judge that the Rajasthan Act stands repealed w.e.f. 3.1.87 and the Act of 1894 was made applicable to the State of Rajasthan w.e.f. 24.9.84, therefore, the notification u/Sec. 6 issued under the repealed Act is void , nullity and nonest. Regarding the lands subject matter of five writ petitions allowed by the learned Single Judge, it was submitted on behalf of the writ petitioners that since no notification u/Sec. 6 of the Act of 1894 has been published during the period of limitation therefore,the land acquisition proceedings stand vitiated and the subsequent notification dated 5.6.95 published in official gazette on 8.6.95 which was made effective w.e.f. 5.3.87, cannot validate the land acquisition proceedings which already stand lapsed on account of non issuance of the notification u/Sec. 6 of the Act of 1894 within the time limit. That apart, it was contended on behalf of the writ petitioners before the learned Single Judge that no scheme or plan was prepared by the local authority before the issuance of notification u/Sec. 4 of the Act therefore, the acquisition proceedings stand vitiated. It was submitted that the lands which are to be acquired are in patches and are not capable of being used for systematic development. It was further submitted on behalf of the writ petitioners that some of the lands

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