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1995 Supreme(SC) 1076

B.N.KIRPAL, K.RAMASWAMY
Yadu Nandan Garg – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
ARUNESHVAR GUPTA, ARVIND SHARMA, KRISHAN MAHAJAN, MANOJ MISHRA, P.H.Parekh

JUDGMENT :- The preliminary Notification under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 (for short, `the Act) was published in the Gazette on October 17, 1963 acquiring 99 Biswas & 17 Bighas of land in Rampura Roopa and Gopalpur villages for `planned development of Jaipur city. It comprises of Survey No. 265 admeasuring 12 bighas of the land in Rampura Roopa village. The declaration under Section 6 was published on January 7, 1991 after the improvement scheme had been finalised under the Rajasthan Urban Improvement Trust Act, 1969. In the meanwhile, the appellant had purchased 453 sq. yards, viz., 3 biswas of the land under a registered sale deed Dated 15th July, 1970. Thereafter, the notice was issued under Section 9 of the Act on April 12, 1971. The appellant filed an application for exemption on July 15, 1991 which was turned down. He also filed an objection to the notice under Section 9 regarding Survey No. 265/1. Since exemption was rejected on May 17, 1972 he filed a writ petition in the High Court. The learned single Judge by his order Dated November 15, 1979 dismissed the writ petition and the same was confirmed by the Division Bench of the High Court






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