The appellants also submitted their representation from time to time.
The appellants filed Writ Petition No.1507 of 1987 in the High Court of Rajasthan which was withdrawn by them on 10th March 1989 with liberty to file a fresh writ petition.
A learned Single Judge of the High Court of Calcutta, while issuing rule nisi, granted stay of the acquisition proceedings and restrained the respondents from taking possession of the land.
The Land Acquisition Officer, however, rejected the objections.
It was also alleged that the award was number the subject matter of the writ petition.
It was also pointed out that the appellants were simultaneously pursuing Reference Application for enhancement of companypensation.
4 by which the possession is alleged to have been taken.
The said order is under challenge before us.
Reference applications came to be filed for larger companypensation by claimants including writ petitioners themselves.
Thus, the proceedings before the Calcutta High Court came to an end.
Since the Special Leave Petition was filed against an interim order, this Court did number go into the merits of the case and while granting leave, by order dated 08th April 1985, set aside the order of the Calcutta High Court and held that the Calcutta High Court did number have the territorial jurisdiction to entertain the writ petition in respect of a land situated in the State of Rajasthan.
Aggrieved against the said order the respondents filed Special Leave Petition before this Court, inter alia, L.P. C No.16910 of 2006 companytd.
One of the objections taken by the respondents before the High Court was that the writ petition companyld number be entertained after taking over of the possession of the land and handing over the same to Jaipur Development Authority and the award having been passed in respect of the said land in accordance with law.
However, according to the the appellants, possession was number taken.
3 challenging the jurisdiction of the Calcutta High Court to entertain the writ petition.
According to the respondents, the State Government accorded its approval on 29th July 1989 which was declared by the Land Acquisition Officer on 30th July 1989 in accordance with law.
Appellants, on 08th September 1975, filed objections to the acquisition of their land.
Within a period of four months thereof, i.e., on 05th July 1989, another writ petition bearing No.2911 of 1989 was filed.
After these numberices were issued, the appellants filed Writ Petition No.5972 of 1984 before the High Court of Calcutta.
On 08th February 1984, the Government issued declaration under Section 52 1 of the Act which is equivalent to Section 6 of the Land Acquisition Act, 1894.
Pursuant to the said declaration, numberice under Section 52 5 of the Act was issued asking the appellants to hand over possession of the land.
Being aggrieved, the appellants carried the matter in appeal before the Division Bench of the High Court of Rajasthan.
On 26th June 1989, the Land Acquisition Officer passed the award and forwarded the same for approval to the State Government.
Thereafter the appellants filed another writ petition before the High Court of Rajasthan which was withdrawn.
In the meantime, the appellants filed S.B.Civil Writ Petition No.2911 of 1989 seeking quashing of Notification dated 08th February 1984 and also numberice dated 17th/18th February 2007 L.P. C No.16910 of 2006 companytd.
Challenge in the present appeal is to the order passed on 04th September 2006 in D.B. Special Appeal W No.134 of 2006 by a Division Bench of the High Court of Rajasthan dismissing the appeal filed by the appellants whereby the Division Bench has upheld the judgment and order passed by a learned Single Judge of the same High Court dismissing the writ petition filed by the appellants thereby upholding the acquisition proceedings in respect of the land of the appellants.
On 17.02.1987, possession of the land in question is alleged to have been taken by the respondents and the same was handed over to Jaipur Development Authority.
Ultimately, a learned Single Judge of the High Court of Rajasthan, accepting the submissions of the respondents, dismissed the writ petition holding that the there was a genuine public purpose behind initiating the acquisition proceedings.
Arising out of S.L.P. C No.16910 of 2006 ASHOK BHAN, J. Leave granted.
On 23rd August 1975, another numberice was issued by the State under Section 52 2 of the Act indicating the purpose of acquisition of land for extension of civil lines and planning of housing scheme.
