judgment

Ashok Bhan, J. —

1.Leave granted.

2.Challenge in the present appeal is to the order passed on 04th September 2006 in D.B. Special Appeal (W) No.134 of 2006 by a Division Bench of the High Court of Rajasthan dismissing the appeal filed by the appellants whereby the Division Bench has upheld the judgment and order passed by a learned Single Judge of the same High Court dismissing the writ petition filed by the appellants thereby upholding the acquisition proceedings in respect of the land of the appellants.

3.In order to appreciate the grievance of the appellants, facts leading to the filing of the appeal are necessary to be indicated.

4.Notice under Section 52(2) [which is equivalent to Section 4 of the Land Acquisition Act, 1894] of the Rajasthan Urban Improvement Act 1959 (for short, ‘the Act’) was issued on 25th June 1975 for acquiring the land of the appellants bearing Khasra No.383 measuring 14 bighas and 16 biswas situated at Madrampura, Jaipur, Rajasthan. As per the said notice, land was sought to be acquired for improvement and purposes of Jaipur Town extension of Civil Lines Area for construction of buildings. On 23rd August 1975, another notice was issued by the State