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High Court Of Rajasthan
Judgename : V.K.Singhal
TOPKHANA GRAH NIRMAN SAHKARI SAMITI LIMITED. - Appellant
Versus
STATE OF RAJASTHAN - Respondent
S. B. C. W. P. 110 Of 1996
Decided On : 01/31/1996
ACQUISITION OF LAND - LOCUS STANDI - HOUSING SOCIETY - AGREEMENT TO SELL - VALIDITY - TRANSFER OF PROPERTY ACT, 1882 - SECTION 53-A - APPLICABILITY - RAJASTHAN LAND REVENUE (ALLOTMENT, CONVERSION AND REGULATION OF AGRICULTURAL LANDS FOR RESIDENTIAL AND COMMERCIAL PURPOSES IN URBAN AREAS) RULES, 1981 - RULE 4 - INTERPRETATION - RAJASTHAN CO-OPERATIVE SOCIETIES ACT, 1965 - RAJASTHAN CO-OPERATIVE SOCIETIES RULES, 1966 - RULE 9 - CLASSIFICATION OF HOUSING SOCIETIES - PRELIMINARY OBJECTION - MAINTAINABILITY OF WRIT PETITION.
Fact of the Case:
A writ petition was filed by a housing society challenging the acquisition of agricultural land for a housing project. The society claimed to have entered into an agreement to sell the land with the khatedars (landowners) in 1975, but the agreement was not registered. The Rajasthan Housing Board took possession of the land in 1988 and began construction of houses. The khatedars disputed the existence and validity of the agreement and claimed that they were in possession of the land.
Finding of the Court:
The court held that the petitioner society did not have locus standi to file the writ petition as it did not have a registered sale deed and the agreement to sell was disputed by the khatedars. The court also held that the provisions of Section 53-A of the Transfer of Property Act, 1882, which protects the rights of a transferee who has taken possession of the property in part performance of a contract, were not applicable in this case as the possession of the land was disputed and the agreement was not registered. The court further held that the provisions of Rule 4 of the Rajasthan Land Revenue (Allotment, Conversion and Regulation of Agricultural Lands for Residential and Commercial Purposes in Urban Areas) Rules, 1981, which allow housing societies to apply for conversion of agricultural land for non-agricultural purposes, could not be interpreted to confer any right on the society to challenge the acquisition proceedings.
Issues: 1. Whether the petitioner society had locus standi to file the writ petition. 2. Whether the agreement to sell between the society and the khatedars was valid and enforceable. 3. Whether the provisions of Section 53-A of the Transfer of Property Act, 1882, were applicable in this case. 4. Whether the provisions of Rule 4 of the Rajasthan Land Revenue (Allotment, Conversion and Regulation of Agricultural Lands for Residential and Commercial Purposes in Urban Areas) Rules, 1981, conferred any right on the society to challenge the acquisition proceedings.
Ratio Decidendi: 1. A housing society which has only entered into an agreement to sell agricultural land with the khatedars, which has not been followed by a registered sale deed, does not have locus standi to challenge the acquisition of the land under the provisions of the Rajasthan Land Revenue (Allotment, Conversion and Regulation of Agricultural Lands for Residential and Commercial Purposes in Urban Areas) Rules, 1981. 2. An agreement to sell does not confer title to the property, and therefore, an agreement-holder, even assuming that the agreement is valid, cannot challenge the acquisition proceedings. 3. Section 53-A of the Transfer of Property Act, 1882, is a weapon of defense and not of attack. It only protects the right of the transferee if the transferor or any person enforces any right against him. It does not confer any right on the transferee on the basis of which any action could be taken. 4. Rule 4 of the Rajasthan Land Revenue (Allotment, Conversion and Regulation of Agricultural Lands for Residential and Commercial Purposes in Urban Areas) Rules, 1981, at the most could be considered to have given the right for moving for conversion and not beyond that. The rules cannot be contrary to the Act.
Final Decision: The writ petition was dismissed on the preliminary objection with the cost of Rs. 2,000/-.
V. K. SINGHAL, J.
( 1 ) A preliminary objection has been raised that the petitioner society has no locus standi to file the writ petition as neither the copy of the resolution has been submitted nor the copies of the agreement to sale on the basis of which the right is claimed, have been filed and the writ petition is not maintainable as no title was transferred in favour of the society and even according to the averments made in the writ petition there was an agreement to sale only.
( 2 ) MR. Agrawal appearing on behalf of khatedars has submitted that there is no valid agreement to sale and civil suits are pending on the basis thereof.
( 3 ) MR. Mahendra Singh on behalf of Rajasthan Housing Board stated that in the so called agreement with the Rajasthan Housing Board which was not approved by the State Government, the society has filed the civil suit in the Court of District Judge for enforcement of the agreement. It is also submitted that the sale agreements are alleged to be executed in the year 1975 and no action was taken till 1982 which shows that the alleged agreements are fictitious documents as no khatedar would have given the possession and the petitioner would not have kept silent till 1982. Even in the revenue record, there is no change and as such the petitioner has no right to file the writ petition.
( 4 ) RELIANCE has been olacid on the decision of this Court in the case of The Krishna Co-operative Housing Society Ltd. v. Rajasthan Housinf Board, jaipur and others 1993 (3) WLC (Raj) 583 wherein it was observed by this pourt that the society who has only entered into an agreement to sell the agricultural land with the khatedar which has not been followed by any registered sale-deed and in a case where the value of the property is more than Rs. 100/- and even its allottees cannot be said to be the persons interested and all that can be said is that as and when the compensation is awarded to the khatedars, they may have right to claim their money out of the compensation, but they have no right to compensation for land acquired under the provisions of the Act. It was further observed that only a person interested can challenge the acquisition proceedings. The society which has entered into an agreement to sell has no right. 4-A. Tt is stated that in Mansarovar Yojna 40,000 houses are be constructed and out of these 10,000 houses, 10. 951 houses will be constructed for economically weaker section and 9661 houses for Low Income Group and 8373 houses for Middle Income Group (A) and 6888 houses for Middle income Group (B) hnd 4127 for Income Group. Out of these 40. 000 houses, 12628 houses havo baen constructed, 11. 106 houses have been allotted and the possession of 7384 houses have already been given. The construction of the remaining houses is in progress. Mansarovar Yojna is one of the largest Housing Schemes of Asia 9 independent Divisions of the Board are working in the Mansarovar Vojna apart from the other supervisory staff working in the Head Office. The entire scheme is of 150 crores and the HUDGO which is the main financing agency has already sanctioned and granted the loan for works in hand. The houses are being constructed on the pattern provided by Housing Urban Development corporation Limited (HUDCO ). The HUDCO has already provided loan facility to the tune of Rs. 41. 73 crores upto 31st March, 1987. Near about 400 houses are to be constructed on the land in dispute and one of the main approach roads to the entire colony is to pass on the land in dispute. Besides this one of the Commercial Centres is to be constructed and certain houses are such which have already been constructed but the possession of the same could not be given as part of certain land forms part of the land in dispute. The other internal roads will other amenities are also to be constructed on the land in dispute. Even as per approved plan the electric and sewerage and water lines cannot be led easily in absence of the land
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