Jaipur: The Rajasthan High Court has ruled that land acquisition proceedings cannot be cancelled merely because the acquisition notices were issued in the name of a deceased landowner, if the legal heirs knew about the proceedings and were given a chance to participate.
The case involved land in Lakheri, Bundi, which the State acquired in 1978 for the expansion of the Municipal Board’s residential area. Although the original owner, Bajrang Lal, had died in 1974 and the land had already been transferred to his legal heirs in the revenue records, all the acquisition notifications and the final award continued to mention his name.
The legal heirs challenged the acquisition, arguing that the entire process was invalid because it had been initiated against a dead person, even after the authorities were informed about his death.
The State argued that the legal heirs had full knowledge of the acquisition from the beginning. They had filed objections, responded to notices and participated in the compensation proceedings. Therefore, the mistake in mentioning the deceased owner’s name was only a technical error.
Agreeing with the State Justice Anand Sharma held that the legal heirs were never denied an opportunity to object and had actively participated in the acquisition proceedings. Since no actual prejudice was caused to them, the error did not make the acquisition illegal.
The Court also held that acquiring land for the expansion of a municipal residential area is a valid public purpose.
The court further noted that the petition had been filed after a significant delay and after the acquisition award had already been passed.
Accordingly, the High Court dismissed the petition and upheld the land acquisition.