Rajasthan High Court’s split verdict on the issue of notice of acquisition
Last Updated on October 27, 2023 by News Desk
A split verdict was delivered by the Supreme Court on the issue of whether the notice must be given to those who possess land while they are in a land acquisition proceeding, under the Rajasthan urban development act, when the names were not shown on the revenue records.
The appeal was made against an order of the Rajasthan High Court that held that the land acquisition was void. This was because the notification was made without any notice being served.
Justice Manoj Mishra believed if the names do not appear on the records, then there is no need to make an inquiry.
The appeal was allowed by Justice Mishra, as the acquisition notification cannot be considered void.
However, Justice Hrishikesh Roy believed as per Sec. 52 of the Rajasthan Urban Improvement Act, the issuance of notice has been prescribed but the same was not followed in this case.
He said that as per the statute, the notice is to be issued not only to the ones who own but to all those who may seem an interested party in the concerned land.
Case Title:- URBAN IMPROVEMENT TRUST, BIKANER V. GORDHAN DASS (D) THROUGH LRs. & OTHERS, CIVIL APPEAL NO.8411 OF 2014 2023 LiveLaw (SC) 930
Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)
