1995 (11) TMI 478

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....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 th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ekh, learned counsel appearing for the appellant, raised three-fold contention, viz., that there is an unexplained inordinate delay between publication of the the preliminary notification under Section 4 [1] and the declaration under Section 6 vitiating the validity of the notification under Section 4 [1]. So it needs to be quashed on that premise. He further contended that Anand Nursery which is ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....herefore, as against the State his purchase was not lawful and it could not be used against the State to cloth it with a colour of title as against the State. It is an encumbrance against the State and when the acquisition was finalised and the possession is taken, the State under Section 16 is entitled to have the possession with absolute title free from all encumbrances. The appellant cannot get....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....any inordinate delay in the issuance of declaration under Section 6 and the valid notification under Section 4 does not become invalid on that account due to inaction on the part of the subordinates. It is true, for reasons best known to the authorities, that Anand Nursery had the benefit of the exemption. The wrong exemption under wrong action taken by the authorities will not cloth others to ....