1980 Supreme(Raj) 275

RAJASTHAN HIGH COURT AT JAIPUR BENCH
M.L.Shrimal, M.B.Sharma, JJ.
The State Of Rajasthan - Appellant
Versus
Bhawani Singh Former His Highness Jaipur and others - Respondent
D.B. Special Appeal No. 41 of 1978.
Decided On : 9-05-1980

The definition of 'land' in the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 includes agricultural land, waste land, forest land, land for pasture, sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans, as well as tanks, lakes, ponds, rivers and water channels held for purposes of irrigation, surface of hills, landing grounds or strips, and shikargah. However, the definition excludes forts, palace buildings and building plots specified in the inventory.

Headnote:

LAND REFORMS - Acquisition of Land - Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 (Act No. XI of 1964) - 'Land' - Definition - Includes agricultural land, waste land, forest land, land for pasture, sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans - Also includes tanks, lakes, ponds, rivers and water channels held for purposes of irrigation, surface of hills, landing grounds or strips, and shikargah - Excludes forts, palace buildings and building plots specified in the inventory.

Fact of the Case:

The petitioner purchased a plot of land from the former Maharaja of Jaipur, which was part of a larger area acquired by the State of Rajasthan in 1944 for the construction of a palace for Maharaj Kumar Bhawani Singhji. The petitioner applied for permission to construct a boundary wall, a garage, and a Chowkidar's room, but the application was rejected. The petitioner filed a writ petition challenging the rejection of the application, and the Single Judge allowed the petition, holding that the plot of land was a building plot and a part of the 'Abadi' or urban land, meant for the construction of residential buildings. The State Government appealed against the judgment.

Finding of the Court:

The Court held that the land in dispute was not acquired by the State of Rajasthan in 1944, as the land acquisition proceedings were not completed and the compensation was not paid. The Court also held that the land was not converted into 'Abadi' land merely because it was included within the limits of a Municipality or a town. The Court further held that the definition of 'land' in the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 includes agricultural land, waste land, forest land, land for pasture, sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans, as well as tanks, lakes, ponds, rivers and water channels held for purposes of irrigation, surface of hills, landing grounds or strips, and shikargah. However, the definition excludes forts, palace buildings and building plots specified in the inventory.

Issues: 1. Whether the land in dispute was acquired by the State of Rajasthan in 1944? 2. Whether the land was converted into 'Abadi' land merely because it was included within the limits of a Municipality or a town? 3. Whether the definition of 'land' in the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 includes the land in dispute?

Ratio Decidendi: 1. The Court held that the land in dispute was not acquired by the State of Rajasthan in 1944, as the land acquisition proceedings were not completed and the compensation was not paid. The Court relied on the provisions of the Jaipur Land Acquisition Act, 1943, which required the determination of the amount of compensation and the making of an award before the land could vest in the Government. 2. The Court held that the land was not converted into 'Abadi' land merely because it was included within the limits of a Municipality or a town. The Court relied on the provisions of Section 90A of the Rajasthan Land Revenue Act, 1956, which prohibits the use of agricultural land for non-agricultural purposes without the written permission of the State Government. 3. The Court held that the definition of 'land' in the Rajasthan Land Reforms and Acquisition of Landowner's Estate Act, 1963 includes the land in dispute. The Court held that the definition is wide and includes all types of land, except forts, palace buildings and building plots specified in the inventory.

Final Decision: The Court partly allowed the appeal and modified the order of the Single Judge. The Court held that the land in dispute, except for a small portion which was reserved for the construction of a palace, was agricultural land and stood vested in the State Government. The Court also directed the appellant and the Urban Improvement Trust, Jaipur to consider the building plans submitted by the respondent for raising construction over the plot of land, in accordance with the Rules framed by the Municipal Council, Jaipur and the Urban Improvement Trust, Jaipur.