TaxTMI 
TaxTMI 
1993 (3) TMI 106
X X X X Extracts X X X X
X X X X Extracts X X X X
....is popularly known as Rambagh area and Princes House or Raj Mahal area. According to the appellants the lands were private properties of Maharaja of Jaipur. Gandhi Grah Nirman Sahkari Samiti (Samiti), the appellant, acquired the vacant parcels of the land situated in Rambagh Palace and in the compound of Raj Mahal comprising 3,49,000 sq, yards for a sum of Rs. 1,02,00,000/- by way of three deeds of conveyance executed on March 29, 1972 and registered on April 3,1972. 4. After the purchase of the land, the Samiti prepared a development plan of the land according to which 500 residential plots of different sizes were to be developed on the land. The Samiti on June 24, 1972 submitted the development plan to the Urban Improvement Trust, Jaipur (the Trust) for sanction. The Trust raised objections and the matter was referred to the State Government. The State Government further raised objections and as such the matter remained under correspondence for quite some time. 5. On March 24,1973 the State Government issued notice under Section 52(2) of the Act wherein the owners of the land and other interested persons were called upon to show cause as to why the land be not acquired. A separ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e such land by publishing in the official Gazette a notice specifying the particular purposes for which such land is required and stating that the State Government had decided to acquire the land in pursuance of this section. (2) Before publishing a notice under sub-section (1) the State Government shall by another notice call upon the owner of the land and any other person who in the opinion of the State Government may be specified in the notice, why the land should not be acquired. 'Such notice shall be individually served upon the owner of the land and any other person, who in the opinion of the State Government may be interested therein. It shall also be published in the official Gazette at least 30 days in advance and shall be in the locality, where the land to be acquired is situate. Such publication and pasting of notice shall be deemed as sufficient and proper service of notice upon the owner of the land and upon all other persons who may be interested therein'. (3) Within the time specified in the notice, the owner of the land or any other person interested therein may show cause and make objections, why the land should not be acquired. Every such objection to the notic....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n accordance with the master plan where it is in operation; or (ii) it is in accordance with the scheme sanctioned and notified under Section 38; or (iii) where neither any master plan nor any scheme is in force, it is according to the general approval of the Trust, and unless permission for undertaking or carrying out such improvement has been obtained in writing under the provisions of Section 73. (2) No person or department of Government shall use or permit, to be used any land or building in any urban area otherwise than in conformity with the master plan where it is in operation or with the scheme sanctioned and notified under Section 38 or with the general approval of the Trust, and unless the permission of the Trust for such use has been obtained under Section 73 : Provided that subject to the provisions of Section 73B, it shall be lawful for any person or department to continue to use, upon such terms and conditions, as may be prescribed by regulations made in this behalf, any land or building for the purpose and to the extent for and to which, it is being used upon the date on which such plan or scheme comes into force or as the case may be, the area is declared as an....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Government to acquire land under the Act has been designed to meet the scheme of the Act. Under Section 52 of the Act the land can be acquired by the State Government at the instance of the trust, or a department of the Government or any prescribed authority. The plain language of Section 52(1) of the Act negates the contention raised by Mr. Shanti Bhushan. Where on a representation from the Trust or otherwise it appears to the State Government that any land is required for the purpose of improvement or for any other purpose under the Act it can acquire such land by issuing a notification under Section 52(1) of the Act. It is, thus, clear that the State Government has the power to acquire land either for the execution of the schemes framed by the trust under Chapter V of the Act or for any other public purpose under the Act. No fault can be found with the procedure followed by the State Government in this case. The notification issued by the State Government under sub-section (1) of Section 52 of the Act specifically states that the land was being acquired for the construction of residential, commercial and administrative buildings. The Government, having taken a policy decision ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....visions of the 1987 Amendment: "1. Short title and commencement. - (1) This Act may be called the Rajasthan Urban Improvement (Amendment) Act, 1987. (2) It shall be deemed to have come into force on 1st August, 1987. 2. Amendment of Section 52, Rajasthan Act 35 of 1959. - in section 52 of the Rajasthan Urban Improvement Act, 1959 (Rajasthan Act 35 of 1959), hereinafter referred to as the principal Act, - (a) in sub-section (1), for the words "by publishing in the Official Gazette a notice specifying the particular purpose for which such land is required and stating that the State Government has decided to acquire the land in pursuance of this section", the words, "under and in accordance with the provisions of the Land Acquisition Act, 1894 (Central Act 1 of 1894)" shall be substituted; (b) .............................................. (c) .............................................. (d).............................................. 3. ..........;................................... 4. Insertion of new section 60A in Rajasthan Act 35 of 1959. - After the existing section 60, the following new section shall be inserted in Chapter VII of the principal Act, namely :- "60A.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of the Land Acquisition Act, 1894 (1894 Act). Section 11A of the 1894 Act as amended in 1984 is as under: "11A. Period within which an award shall be made. - The Collector shall make an award under Section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Provided that in a case where the said declaration has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award shall be made within a period of two years from such commencement. Explanation. - In computing the period of two years referred to in this section, the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded." Explanation to Section 11A quoted above is a complete answer to the argument raised by the learned counsel for the appellants. Even otherwise it is a well-established principle of judicial procedure that where any proceedings are stayed by an order of a court or by an injunction issued by any court, that period should be excluded in computing....