Hon'ble Dr. KOTHARI, J.—The facts are illustratively taken from SBCWP No. 7734/2010 – Ram Narain Dhabhai & ors. vs. State and others and this common order will dispose of aforesaid writ petition along with two other connected writ petitions namely; SBCWP No. 1049/2012 (Chain Shanker Dhabhai (brother of Ram Narain Dhabhai) and anr. vs. State & Ors.) and also SBCWP No. 2403/2001 – Laxmi Narain vs. State & Ors.

2. Both brothers, Ram Narain Dhabhai and Chain Shanker Dhabhai s/o Shiv Narain Dhabhai have preferred this writ petition, which was filed on 11/8/2010 in this Court and have claimed that the impugned order passed against them on 5/7/2008 (Annex.14) by the respondent no.3, Special Officer, UIT, Udaipur rejecting their application under Section 90B of the Rajasthan Land Revenue Act, 1956 may be quashed and set aside and the respondents may be directed to issue an order of regularization/allotment in favour of petitioners in terms of Section 90B of the Act and also they may not be dispossessed from the land in dispute. In the alternative, the petitioners have also prayed for quashing the allotment of land made in favour of private respondent no.4 – Aaishwarya College of Education Sansthan vide Annex.25 dated 8/8/2008 and Annex.26 dated 18/8/2008.

3. The present writ petitions give rise to an interesting question arising under the provisions of the Land Acquisition Act, 1894 (for short `the Act of 1894') and Rajasthan Land Revenue Act, 1956 (for short `the Act of 1956') with regard to land in question situated in khasra nos. 4298, 4299 to 4303, 4342 to 4358 and 4383 of village Bhuwana, Tehsil Girva District Udaipur. A large chunk of land measuring 4800 bighas in the said Tehsil Girva District Udaipur including the land of present petitioners – brothers situated in aforesaid khasras measuring 5.81 hectares was acquired by the State by issuing a Notification under Section 4 of the Act of 1894 on 21/2/1990 for the UIT, Udaipur for public purpose, to develop a residential colony known as `Bhuwana Extension Scheme' for planned development and utilization of the notified land.

4. The said land acquisition proceedings were challenged by the Gram Panchayat, Bhuwana by way of Civil Writ Petition No. 2255/1991 challenging the Notification dated 21/2/1990 issued under Section 4 of the Act of 1894 and other land holders also filed writ petitions challenging the said land acquisition proceedings and about 43 writ petitions filed before this Court between 1995 to 1997 came to be dismissed by the learned Single Judge of this Court on 10/1/1997. The intra court appeals against that judgment of learned Single Judge – DB Civil Special Appeal (Writ) No. 270/97, however, came to be allowed by the Division Bench of this Court on 6/3/1998 and acquisition proceedings including the award were set aside, principally on the ground that declaration under Section 6 of the Act, 1894 was published on 24/5/1994, whereas, the last date of publication of the substance of Notification under Section 4 (1) of the Act of 1894 was 19/5/1993 and thus, the declaration under Section 6 of the Act being issued beyond the period of one year, the said acquisition proceedings were liable to be quashed. The Division Bench judgment of this Court was set aside by Hon'ble Supreme Court in Civil Appeal No. 4065/99 – UIT, Udaipur vs. Bheru Lal & Ors. which was allowed by the Hon'ble Supreme Court on 20/9/2002 upholding the entire land acquisition proceedings in question for `Bhuwana Extension Scheme'. The relevant portion of the order of Hon'ble Supreme Court is quoted below for ready reference:-

“It is apparent that the Notification under Section 4 was first published in the official gazette in June 1992. Thereafter substance was published in November 1992 at the conspicuous places and subsequently it was published in the local newspapers. Considering this sequence of publication, even if there is some delay, it would not mean that on this ground the land acquisition proce