The Supreme Court in the case Urban Improvement Trust, Bikaner v. Gordhan Dass (D) Through Lrs. And Others observed and has delivered the verdict on whether the notice issued must be given to possessors in a land acquisition proceeding by the acquiring authority under the Rajasthan Urban Improvement Act, when the names of them were not reflected in the revenue records, despite being in possession of the land.
The Division bench comprising of Justice Manoj Misra and Justice Hrishikesh Roy was hearing the present matter.
In the present case, an appeal was moved against an order of the Rajasthan High Court, wherein it has been held by the court that land acquisition in question was void since the acquisition notification was issued without serving notice on the landowner.
The bench headed by Justice Misra in the case observed and is of the view that if the name of the owner is not reflected on the land records, the state is not expected to make a roving enquiry into the same. In such kind of cases, serving the notice on the owners who entered in the land records is sufficient compliance of the statutory obligation.
However, the bench of Justice Roy observed and has held that the procedure which is prescribed under section 52 of the Rajasthan Urban Improvement Act, 1959 for issuance of notice was not followed in this case. Thus, he held that even though the land acquisition by acquiring authority is permitted for public purpose, not adhering to the procedure which is prescribed, could prejudice the landowners and other interested persons. He also observed that the statute must be interpreted in such a way that the person who is losing the land is being protected by procedural safeguards. Accordingly, the court allowed the appeal.
The counsel, Senior Advocate Manoj Swarup appeared for the respondents.