Rajasthan Land Acquisition Act, 1953–Sec. 4–Lands belonging to N were intended to be acquired by the Notification dated 29.01.1981–Thereafter, a compromise was entered between N & respondent no. 3 and the lands of certain Aaraji Numbers were released from the acquisition–Thereafter, the other Notification in regard to other lands was issued but the Land Acquisition Officer took the possession of subject land–N raised the plea of uninterupted physical and cultivating possession–Ground of respondents that the possession of N was in nature of encroachment, cannot be accepted as the respondents could not establish their possession over the entire subject property and even the mutation entries also refer to only a portion of the subject property–The compromise decree dated 22.12.1988 attained finality and, therefore, a portion of land under the declaration by which the land of N was released, cannot be re-acquired–Mutation entries could not have been ordered in face of judgment passed by the Civil Court–Preparing a cheque in the name of the land-holder was not sufficient proof to establish that compensation was offered to the land-holders–Impugned order, passed in writ petition is liable to be set aside.
