1. - Since both the petitions involve common questions, and are directed against the order Dated 29/12/2008 passed by Divisional Commissioner, Jaipur setting aside order Dated 31/10/2008 of the Authorised Officer (Land Resumption) & Land Acquisition Officer. UIT, Alwar. in exercise of powers under Section 90-B(7) of the Rajasthan Land Revenue Act. 1956 ("LR Act"), hence are being decided by present order.

2. In order to appreciate grievance of the petitioners, facts leading to file instant petitions are necessarily to be indicate out of CWP-195/2009 (M/s. Omway Build Estate (P) Ltd v. Divisional Commissioner, Jaipur & Ors) . In respect of agricultural lands situated in village Bailaka Diwakri (Alwar district) which is subject matter of dispute, initially vide resolution No.23 in meeting held on 16/08/1988. Urban Improvement Trust, Alwar ("UIT") proposed to set up a residential colony "Rohini Nagar" and taking note thereof, State Government issued proposed notification Dated 25/07/1995 under Section 4(1) of the Land Acquisition Act, 1894 ("LA Act") and after taking note of the objections raised by land owners/persons interested under Sections 5A. declaration under Section 6 of LA Act was made & published vide Notification Dated 20/01/1997 and the Award came to be passed under Section 11 of LA Act on 25/06/98.

3. It is relevant to record that the Award was passed on 25/06/1998, but neither possession of the subject land was taken nor any compensation was offered nor paid either to the land owners (predecessors-in-interest) or to the present petitioners.

4. However, on 10/08/2000, the UIT took a decision to de-acquire the subject land keeping in view availability of other land with the UIT. slow speed of disposal of land, non-availability of funds for the compensation be paid and its poor financial conditions and in order to follow up action, letter Dated 12/ 04/2001 (Ann.14) was written by Director, NCR & Secretary of the UIT. Alwar. and sent to the State Government to de-notify the acquisition and reminder was also issued on 29/08/2001 (Ann. 15) and that apart, the UIT further resolved to re-affirm its policy to de-acquire the land and pursuant thereto, notices Dated 16/10/2004 (Ans.16 & 17) were published in news papers inviting persons interested to file objections thereto.

5. It appears that after publication of notices (supra), the UIT in its later meeting reviewed its decision regarding Rohini Nagar Scheme but ultimately, notification Under section 48 of LA Act was published in the Gazette on 01/12/2006 (Ann.10) for withdrawal of subject land from acquisition. However, during the interregnum period, the petitioners purchased subject land vide registered sale deed Dated 22/03/2006 & 10/11/2006 from various khatedars/land owners of subject land.

6. After withdrawal of subject land from acquisition vide notification Dated 01/12/2006 under Section 48 of LA Act, Ghanshyam (petitioner-CWP-129/09) filed application under Section 90B(3) of LR Act in respect of 3.45 hectares of land on 09/03/2007 (Ann.1-CWP-129/09) while M/s. Omway Build Estate (P) Ltd for 9.37 hectares of land for proposed development as residential township in their joint ventures.

7. After submission of their applications filed under Section 90B(3), notices thereof were published on 30/03/2007 in daily news paper - "Rajasthan Patrika" inviting objections. However, taking note of objections having been submitted by persons interested, both the applications under Section 90B(3) of LA Act were allowed by Authorised Officer (respondent-4) vide order Dated 14/06/2007 (Ann.3) and their subject land was mutated in the name of UIT, Alwar on 19/06/2007 and accordingly, layout plan was approved by the UIT (Ann.4) alongwith road network plan (Ann.6).

8. One of applicants who was person interested, as alleged, having raised objections before the Authorised Officer, namely Shri Rajesh Agrawal & feeling aggrieved by order Dated 14/06/2007 passed under Section 90-B(3), pref