AIR 1981 RAJASTHAN 284

Rajasthan High Court

Hon'ble Judge(s): Guman Mal Lodha , J

(A) Constitution of India , Art.226— Question regarding urgency u/S.17(4) of Rajasthan Land Acquisition Act - Not immune from judicial review - AIR 1964 Raj 270 (Pt. E) deemed not good law in view of AIR 1977 SC 183. (i) Rajasthan Land Acquisition Act (24 of 1953) , S.17(4)— (ii) Land Acquisition Act (1 of 1894) , S.17— The question regarding the urgency u/S.17(4) of the Act, is not immune from judicial review and once it is challenged properly, High Court has ample jurisdiction to make limited probe into the matter as per limits set out by the Supreme Court in the Narayan's case (AIR 1977 SC 183), AIR 1964 Raj 270 (Pt. E) deemed not good law in view of the authoritative pronouncements in AIR 1977 SC 183.(Para 66 60) (B) Constitution of India , Art.141— JUDGEMENT of Division Bench of High Court - Not treated as good law in view of clear pronouncement of Supreme Court - Single Bench of that Court - Not bound to follow judgment of Division Bench. AIR 1967 Raj 237 and 1971 Raj LW 323, Foll.Precedents. (Para 61 65) (C) Rajasthan Land Acquisition Act (24 of 1953) , S.17(4), S.5A— Applicability of S.17(4) - C....