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2001 Supreme(Raj) 1651

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Indrapuri Grah Nirman Sahakari Samiti Ltd. - Appellant
Versus
State Of Rajasthan And Ors. - Respondent
Civil Writ Petn. No. 755 of 1988.
Decided On : 31-05-2001

For the Petitioner:G.L. Pareek, Sr. Advocate With Saket Pareek, Advocates.
For the State:S.M. Mehta, Advocate General.
For the Respondent:R.P. Singh, Advocate.

Headnote:

Land Acquisition Act, 1894, Sections 4 and 6 - notification under Section 4 and declaration under Section 6 and Section 17(1)(4) was filed before mutation order- Notification and declaration is justified - Proceedings started by Land Acquisition Officer were according to law.

JUDGMENT

1. :- The petitioner is Housing Co-operative Society registered under the Rajasthan Co-operative Societies Act, 1965 in the year 1970 bearing registration No. 2490L. The aims and objects of the petitioner society are to provide housing accommodation to its member on "no profit no loss" basis.

2. The petitioner society purchased the land bearing Khasra No. 2 measuring 16 bigha 17 biswas situated in village Mahapura/Kukarkheda, Tehsil Jaipur from the Khatedar Shri Ram Singh son of Shri Ishardan Singh Charan through a registered sale deed which was executed on 3.8.1970.

3. After purchase of the said land the petitioner society checked out a plan for construction of residential houses over the aforesaid land in accordance with the by-laws and rules made by the erstwhile Urban Improvement Trust, Jaipur and the map of plan was also submitted on 28.2.1983 with the U.I.T., Jaipur.

4. Thereafter, the petitioner society applied for sanction of sub-division of the aforesaid land and deposited an amount of Rs. 2100/- on 28.2.1983 along with the application to the Erstwhile Urban Improvement Trust, Jaipur. On account of registered sale deed executed in favour of the petitioner society on 3.8.1970, the mutation in the name of the society had also been recorded in the revenue record of the Tehsil Jaipur by the order dated 30.1.1988 of the Naib Tehsildar, Jaipur.

5. Mr. G.L. Pareek appearing on behalf of the petitioner submits that the site plan was prepared and submitted with the U.I.T. for the sub-division., The Tehsildar, Jaipur issued a notice Under Section 91(3) of the Rajasthan Land Revenue Act. on 12.9.1975 on account of change in land use. The petitioner further submits that the State Government issued circulars dated 1.3.1982 and 3.4.1982 with a view to conversion and regularisation of agricultural land for residential/commercial purposes in which it was mentioned that-There are quite a large number of cases in which lands have been notified for acquisition by various departments of the Government either for public purpose directly connected with the Government or on behalf of the land Urban Improvement Trusts and Municipalities for residential, commercial and other non-agricultural purposes and number of them have even constructed buildings and other structures on such land, in other cases, lands have been transferred by the land holders. In some cases, after the issuance of the relevant land acquisition notification and so purchased by them, the question as to what policy and procedure should be adopted in cases of this nature; has been considered by the Government and the decisions also taken in view of the Annexures Ex. P-5 and Ex. P5-A.

6. In view of Cricular dated 3rd April, 1982 and 1.3.1982 the members of the society has also applied for conversion of their plots.

7. Mr. G.L. Pareek, submits that master plan prepared by the U.I.T. came into force in the month of June, 1976. By Notification dated 25.5.1984 a part of land in the plan was converted to residential area and the land which was reserved for the Government in the master plan was converted to residential area for various Housing Co-operative Societies and similarly the land which was reserved for defence department was changed to residential scheme.

8. By the order of State Government dated 25.5.1984, the land use of Malviya Nagar was also changed and this order was published in the Rajasthan Rajpatra dated 1.6.1984.

9. Mr. G.L. Pareek submits that the petitioner society came to know with regard to notification which was issued on 31.7.1986 and was published on 26.11.1987 in the Rashtradoot daily whereby the State Government in Agricultural development had issued a notification Under Section 4(1) of the Rajasthan Land Acquisition Act, 1953 whereby it was notified that the aforesaid land was intended to be acquired for Krishi Upaj Mandi Samiti, Jaipur.

10. The petitioner further submits that the Notification Under Section 4(1) of the Rajasthan Land Acquisition Act, 195























































































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