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High Court Of Rajasthan
Judgename : Jagat Narayan
CHAUTHMAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Civil Writ Petn. 71 Of 1964
Decided On : 03/02/1966
MUNICIPALITIES ACT - SECTION 285 - SALE OF NAZUL LAND - JURISDICTION OF COLLECTOR AND STATE GOVERNMENT - CONDITIONS FOR EXERCISE OF POWERS - VALIDITY OF SALE - APPROVAL OF COLLECTOR - MANDATORY REQUIREMENT.
Fact of the Case:
A plot of Nazul land was sold by the Municipal Board, Merta, to the petitioner by public auction for Rs. 801. The sale was challenged by respondent No. 4, who claimed that the plot should have been sold to her without auction under a provision of the Land Revenue Act. The Collector and the State Government set aside the sale in favor of the petitioner and directed the Municipal Board to sell the plot to respondent No. 4.
Finding of the Court:
The court held that the Collector and the State Government had no jurisdiction to act under Section 285 of the Rajasthan Municipalities Act 1959, as the conditions prescribed for passing such an order were non-existent. There was no danger of the sale causing injury or annoyance to the public or a breach of the peace. It was not unlawful either.
Issues: 1. Whether the Collector and the State Government had jurisdiction to set aside the sale of the plot under Section 285 of the Rajasthan Municipalities Act 1959? 2. Whether the sale of the plot was valid without the approval of the Collector under Section 80 (1) of the Rajasthan Municipalities Act 1959?
Ratio Decidendi: 1. The court held that the Collector and the State Government had no jurisdiction to act under Section 285 of the Rajasthan Municipalities Act 1959, as the conditions prescribed for passing such an order were non-existent. There was no danger of the sale causing injury or annoyance to the public or a breach of the peace. It was not unlawful either. 2. The court held that the sale of the plot was not valid without the approval of the Collector under Section 80 (1) of the Rajasthan Municipalities Act 1959. The proviso to Section 80 (1) lays down that no Government land shall be sold, leased or otherwise transferred except with the approval of the Collector in the following cases: (1) If the sale is by public auction then only in those cases approval will be necessary where the value of the land exceeds Rs. 500 in the case of a city, or Rs. 200 in the case of any other municipality. (2) If the sale is otherwise than by public auction then the approval is necessary in every case whatever the value of the land. The above provision is mandatory firstly because it is couched in mandatory language and secondly because there is a public policy behind it.
Final Decision: The court dismissed the writ petition filed by the petitioner challenging the order of the State Government setting aside the sale of the plot in his favor.
JAGAT NARAYAN, J.
( 1 ) THIS is a petition under Article 226 of the Constitution challenging the validity of an order of the State Government under Section 285 of the Rajasthan Municipalities Act 1959 setting aside the sale of a plot of Nazul land situated within the Municipality of Merta to the petitioner.
( 2 ) nazul land as defined under Section 3 (1) (b) of the Rajasthan Land Revenue act 1956 means abadi land within the limits of the municipality or a panchayat circle or a village, town or city, vesting in the State Government. Such land is sold in accordance with the provisions of the Rajasthan Land Revenue Act 1958 or the rules made thereunder. Section 97 provides that in all cases where there are more than one applicant for the same piece of land it shall be sold to the highest bidder at a public auction. This is subject to the following provisions :
(i) it shall be open to the Collector to refuse the highest bid for reasons to be recorded;
(ii) small strips of lands adjoining existing buildings shall with the previous sanction of the Sub-Divisional Officer, be given at the rates fixed under Sub-sections (i) and (ii) of Section 96; and
(iii) auctions under this section shall be regulated by rules made by the state Government in this behalf. Section 102-A gives power to the State Government to place any Nazul land at the disposal of a local authority. In exercise of the powers under this section the State government issued notification No. F. 7 (187) LSG-58-II dated October 8, 1959, which was published in the Rajasthan Gazette dated October 12, 1959. Under this notification all Nazul lands lying within the jurisdiction of municipalities were placed at the disposal of the Municipal Boards and directions were issued as to how the land was to be allotted or sold.
( 3 ) THE plan at page 81 shows the location of the plot in dispute. It abuts the Nohra of Smt. Kanwari Bal, respondent No. 4, towards the front side. Its dimensions are as follows :--Length 131/2 x 14 width 81/2 x 10 smt. Kanwari Bai filed an application (annexure 1 at page 14) on 22-9-60 to the municipal Board Merta praying that the above plot of land which adjoins her Kota may be sold to her on taking its price at the due rate. On this application a proclamation was published under the orders of the Secretary inviting objections to the sale of the plot to Smt. Kanwari Bai within one month. No one filed any objection. The papers were however not put up by the Secretary either before the board or before the Chairman for orders on the application of Smt. Kanwari Bai. On the contrary he ordered the sale of the plot by auction on 1-12-60 to 3-12-60 under his supervision without obtaining the orders of Board or the Chairman (annexure 4 page 19 ). The sale proclamation was however signed by the chairman (annexure 5, page 20 ). Chauthinal petitioner and one Ram Kumar were the only bidders for the plot and the highest bid of Rs. 801 was offered by chauthmal. The Secretary recommended that this bid may be accepted and the chairman accepted the bid and executed a sale-deed on 11-2-61. On 14-2-61 before the sale deed was registered Chauthmal applied for permission to fix stone slabs to enclose the land which had been sold to him and this permission was granted. When Smt. Kanwari Bai learnt about the sale she filed an application to the Collector on 14-2-61 purporting to be under Section 283 of the Rajasthan municipalities Act 1959 praying that the sale in favour of Chauthmal may be set aside and the plot may be allotted to her under Section 97 of the Land Revenue act on payment of the due price. The Collector issued notices to the Chairman, and the Secretary of the Municipal Board and to Chauthmal and after hearing the parties made a recommendation to the State Government that the sale in favour of Chauthmal may be set aside and the plot may be sold to Smt. Kanwari Bai in accordance with Government Notification No. F. 7 (187) LSG/58 dated March 8, 1961, which was al
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