J U D G M E N T

Digitally signed by VISHAL ANAND Date: 2024.12.13 Reason:

J. B. PARDIWALA, J. :

For the convenience of exposition, this judgment is divided into the following parts: -

INDEX A. FACTUAL MATRIX …………………………………………………… 2 B. WRITTEN SUBMISSIONS BY THE APPELLANT …………………14 C. WRITTEN SUBMISSIONS BY THE RESPONDENTS ……………...28 D. ISSUES FOR DETERMINATION …………………………………….34 E. ANALYSIS ………………………………………………………………35 (i) On the question of delay in filing the writ petitions before the High Court ………………………………………………………………..35 (ii) On the validity of the notification for acquisition under Section 52(1) ………………………………………………………40 (iii) On the question of whether the compensation was determined and paid lawfully to the respondents …………………………………………48 F. CONCLUSION …………………………………………………………57

1. Leave granted.

2. Since the question of law involved in all the captioned appeals is the same, they were taken up for hearing analogously and are being disposed of by this common judgment and order.

3. The present appeals arise from a common judgment passed by the High Court of Judicature for Rajasthan at Jaipur dated 29.10.2009 in D.B. Special Appeal (Writ) No. 669/1999 in Civil Writ Petition No. 2171/1998 and D.B. Civil Special Appeal (Writ) No. 673/1999 in S.B. Civil Writ Petition No, 2204/1998 respectively whereby the High Court allowed the writ appeals and thereby quashed the land acquisition proceedings initiated by the appellant Trust.

A. FACTUAL MATRIX

4. The Urban Development Department, Government of Rajasthan, Jaipur, issued a notice under Section 52(2) of the Rajasthan Urban Improvement Act, 1959 (the “RUI Act”), published in the official gazette on 01.07.1976, to one Ram Narain, proposing to acquire land bearing Survey no. 229 measuring 2 bighas & 2 biswas and Survey no. 229/ 287 measuring 2 bighas & 18 biswas situated in Village Nangli Kota, Tehsil & District Alwar (the “Nangli Kota lands”). These parcels of land were owned and possessed by Yogesh Chandra Goyal, Radheyshyam Goyal, Manohar Lal, Krishan Murari, Omprakash Goyal, Suresh Chandra Goyal and Ashok Kumar Goyal, the sons of Ram Narain as well as Kamla and Kesar Bai, the daughters of Ram Narain.

5. The appellant and the State Government also sought to acquire the land bearing Survey no. 141 measuring 3 bighas and 9 biswas situated in Village Moongaska, Tehsil and District Alwar (the “Moongaska land”), owned and possessed by Ram Narain, Radheyshyam, Manohar Lal and Yogesh Chandra Goyal.

6. Ram Narain was the khatedar of the Nangli Kota and Moongaskar parcels of land. He passed away in 1973. The Nangli Kota land was inherited by his seven sons and two daughters. As regards the Moongaska land, the same was purchased on 25.07.1966 by four individuals jointly by way of different sale deeds. Ram Narain’s portion of the Moongaska land was inherited by his seven sons and two daughters after his demise. However, the names of the two daughters were not included in the list of legal heirs submitted by the seven sons of late Ram Narain and did not become a part of the mutation records until much later on 22.03.1985.

Acquisition proceedings for the Nangli Kota lands

7. The acquisition proceedings for the Nangli Kota lands came to be initiated on 01.07.1976 when the Urban Development & Housing Department, Government of Rajasthan, Jaipur issued a notification under Section 52(2) of the RUI Act. Accordingly, Ram Narain was informed about the intention to acquire the Nangli Kota lands.

8. In response to the said notice, the legal heirs of late Ram Narain that is, his seven sons, appeared before the Officer on Special Duty, Urban Improvement Trust (the “OSD”) from time to time and sought time to submit proof regarding their ownership of the said land.

9. On 28.04.1977, the OSD sent a letter to the State Government under Section

52(3) of the RUI Act recommending for issuance of notification under Section 52(1) of the RUI Act.

10. Thereafter, the State Government issued a notification under Section 52(1)

of the RUI