YADU NANDAN GARG versus STATE OF RAJASTHAN AND ORS.
A purchaser of land after Section 4(1) notification under the Rajasthan Land Acquisition Act, 1953 does not acquire any valid or enforceable title against the State after finalisation of acquisition; delay due to scheme finalisations does not vitiate acquisition, and wrongful exemption to one party does not entitle others to such benefit under Article 14.
- Parties
- Appellant: Yadu Nandan Garg; Respondents: State of Rajasthan and Ors.
- Jurisdiction
- India
- Judgment Date
- 01 November 1995
- Procedural Posture
- Civil Appeal / Appeal Against Division Bench Judgment of Rajasthan High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Acquisition Proceedings, Delay in Notification, Exemption From Acquisition, Article 14 (equality)
Case Brief
Summary, issues, holding and outcome
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Parties
Yadu Nandan Garg
Appellant
State of Rajasthan and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal Against Division Bench Judgment of Rajasthan High Court
Legal Issues
- 1 Whether the delay between Section 4(1) notification and Section 6 declaration vitiates the acquisition
- 2 Whether exemption to similarly placed parties results in discrimination violating Article 14
- 3 Whether mention of sub-division of survey number in notice invalidates the acquisition
Ratio Decidendi
A purchaser of land after Section 4(1) notification under the Rajasthan Land Acquisition Act, 1953 does not acquire any valid or enforceable title against the State after finalisation of acquisition; delay due to scheme finalisations does not vitiate acquisition, and wrongful exemption to one party does not entitle others to such benefit under Article 14.
Court Disposition
Appeal dismissed
Orders
- No order as to costs
Full Case Text
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