TMI Blog1995 (11) TMI 478X X X X Extracts X X X X X X X X Extracts X X X X ..... ctober 17, 1963 acquiring 99 Biswas 17 Bighas of land in Rampura Roopa and Gopalpur villages for 'planned development of Jaipur city'. It comprises of Survey No. 265 admeasuring 12 bighas of the land in Rampura Roopa village. The declaration under Section 6 was published on January 7, 1991 after the improvement scheme had been finalised under the Rajasthan Urban Improvement Trust Act, 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant, raised three-fold contention, viz., that there is an unexplained inordinate delay between publication of the the preliminary notification under Section 4 [1] and the declaration under Section 6 vitiating the validity of the notification under Section 4 [1]. So it needs to be quashed on that premise. He further contended that Anand Nursery which is adjacent to the appellant's site ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his purchase was not lawful and it could not be used against the State to cloth it with a colour of title as against the State. It is an encumbrance against the State and when the acquisition was finalised and the possession is taken, the State under Section 16 is entitled to have the possession with absolute title free from all encumbrances. The appellant cannot get any title much less valid titl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he issuance of declaration under Section 6 and the valid notification under Section 4 does not become invalid on that account due to inaction on the part of the subordinates. It is true, for reasons best known to the authorities, that Anand Nursery had the benefit of the exemption. The wrong exemption under wrong action taken by the authorities will not cloth others to get the same benefi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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