Judgment

S.C. AGRAWAL, J.:- In the year 1869, the ruler of the former State of Jaipur made grant of land measuring 25 bighas Kham in the City of Jaipur to late Nawab Zainul Abdin Khan alias Nawab Kallan Khan. Some time later, Nawab Kallan Khan acquired some more land measuring 8 bighas Kham and the entire land measuring 33 bighas Kham was knawn as Bagh Nawab Kallan Khan. A makbara to perpetuate the memory of his wife was constructed by Nawab Kallan Khan in the said Bagh and the late Nawab and his three sons were also buried by the side of the said makbara. A mosque was also constructed in the Bagh. The makbara and the mosque cover an area of 1 bigha and 17 biswas. In 1944, proceedings for acquisition of the land comprised in Bagh Nawab Kallan Khan were initiated under the provisions of Jaipur Land Acquisition Act, 1943. In those. proceedings, the Land Acquisition Officer submitted a report dated October 11, 1944 to the Secretary to the Public Works Department of the former State of Jaipur wherein compensation was proposed in respect of certain constructions existing on the land as regards the rest of the land, it was stated that the question of granting land in exchange to Sahibzada