2012 AIR CC 1312 (Raj)

Rajasthan High Court

Hon'ble Judge(s): Ajay Rastogi , J

(A) Land Acquisition Act (1 of 1894) , S.48— Rajasthan Lands (Restrictions on Transfer) Act (27 of 1976) , S.3, S.4— Withdrawal from acquisition - Effect - Land was purchased by petitioners through registered sale deed before withdrawal of subject land from acquisition - Date on which transaction/transfers took place it was restricted under S. 4 of Act of 1976 - Held, subsequent development having taken place regarding withdrawal of subject land from acquisition by State Government in exercise of powers u/S. 48, it will not make the transaction to be valid for future course of action. After issuance of Gazette notification u/S. 48 of LA Act the very inception of acquisition proceedings stands withdrawn and effect of S. 4 of the Act, 1976 ceases to subsist and slate becomes clean and such transaction/transfers of lands which took place during the interregnum period are held to be valid even against the State Government and in general for all practical purpose; however it will not preclude the State Govt., if intends to acquire the subject land afresh at a later stage, but that too by initiating acquisition proceedings afresh if required for public purposes. Thus where land was purchased by petitioners through registered sale deed before withdrawal of subject land from acquisition and date on which transaction/transfers took place it was restric....