LAW FOR ALL

The compulsory acquisition of the land = (i) Whether preliminary notification under Section 4 of the Rajasthan Land Acquisition Act, 1953 (for short, “1953 Act”) issued on 01.05.1980 has lapsed since declaration under Section 6 of that Act was made on 19.03.1987 after the expiry of two years from the commencement of 1Page 2 the Rajasthan Land Acquisition (Amendment and Validation) Act, 1981 (for short, “1981 Amendment Act”). (ii) Whether invocation of power of urgency and dispensation of inquiry under Section 5-A after 7 years of issuance of preliminary notification under Section 4 of the 1953 Act are legally sustainable? = Having regard to clear and unambiguous mandate of Section 5(2) of the 1981 Amendment Act that no declaration under Section 6 of the 1953 Act in respect of any land for the acquisition of which notice under Section 4(5) has been given before the commencement of the 1981 Amendment Act shall be made after the expiry of two years from the commencement of the 1981 Amendment Act, it has to be held and we hold that preliminary notification dated 01.05.1980, which was followed by notice under Section 4(5) before the commencement of the 1981 Amendment Act, has lapsed and does not survive since declaration under Section 6 has been made much beyond the time limit prescribed in law. Civil appeal is, accordingly, allowed. The impugned orders are set aside. It is declared that preliminary notification dated 01.05.1980 has lapsed and the declaration made on 19.03.1987 is legally unsustainable. If possession of the subject land has been taken from the appellants, the same shall be restored to them without any delay.