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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SANJEEV PRAKASH SHARMA, SANGEETA SHARMA
Jaipur Metro Rail Corporation Limited – Appellant
Versus
Alok Kotahwala S/o Haridas Kotahwala – Respondent
JUDGMENT :
SANJEEV PRAKASH SHARMA, CJ.
1. The appellant had preferred the Special Appeals (Writ) before this Court being aggrieved by the impugned judgment dated 09.05.2023 passed by the Learned Single Judge whereby the notification under Section 4 of the Land Acquisition Act, 1894 dated 26.05.2011, declaration under section 6 dated 05.07.2012 and notice dated 11.07.2012 have been quashed and the appellants have been directed not to interfere in the land under acquisition proceedings which have been quashed and the respondents may not be deprived of their possession and rights.
2. The present case arises out of land acquisition proceedings initiated by the State Government for the Jaipur Metro Rail Project. Initially, the Jaipur Development Authority (JDA) proposed construction of a terminal depot at Bambala Nala, which included the land belonging to the respondents. Subsequently, the project was taken forward in accordance with the requirements of the Jaipur Metro Rail Corporation (JMRC), and the Metro route was extended up to Sitapura. In this regard, a Detailed Project Report (DPR) was prepared and the land of the respondents, situated in Village Sheopura, Tehsil Sanganer, District
In terms of Section 5A, any person interested in any land notified under Section 4(1) may, within 30 days from the date ofpubiication ofthe notification, submit objection in writing against the propo....
The court emphasized that proper procedural safeguards, including meaningful hearings and recommendations, are essential in land acquisitions under the Land Acquisition Act, affirming that violation ....
The court established that adherence to procedural fairness and the right to a hearing are fundamental in land acquisition processes under the Land Acquisition Act, 1894.
If there is failure to publish notification in two daily newspapers, notification and consequential proceedings for acquiring land would stand vitiated for non-compliance of essential conditions of S....
The court established that non-compliance with Section 5A of the Land Acquisition Act invalidates acquisition proceedings, emphasizing the necessity of adhering to principles of natural justice.
Objections confined to compensation do not trigger Section 5A protections, which are exclusive to acquisition legality; statutory remedies for compensation must be pursued separately.
The Land Acquisition Officer's failure to independently assess objections vitiates the acquisition process, which must comply with statutory requirements including Section 5A of the Land Acquisition ....
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