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2021 Supreme(Raj) 1260

IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
INDERJEET SINGH, J.
Kamla Devi - Petitioner
Versus
State of Rajasthan, Through the Secretary, Department of Urban Development and Others - Respondents
S.B. Civil Writ Petition No. 11329 of 2018
Decided On : 22-09-2021

Advocates:
Advocate Appeared:
For the Petitioners: Mr. J.S. Bhaleria
For the Respondents: Mr. Dron Kaushik, Mr. Chaitanya Gehlot, Mr. Rajesh Parihar

Headnote:

Land Revenue Act, 1956 – Section 90B – Meant to legalize illegal land conversions that had taken place then – Writ petition has been filed by petitioner with prayers – Issuance of allotment – Cancellation of patta – Held, Writ petition filed by petitioner deserves to be allowed for reasons, firstly, lease-deed/patta issued by respondent-UIT, which had been duly registered, cannot be cancelled by it by way of an administrative order – Registered lease-deed/patta can only be cancelled by way of filing a suit by aggrieved party before Civil Court of competent jurisdiction – Decision taken by respondent-UIT in changing alignment of road from straight to curve is contrary to guidelines issued by Division Bench of this Court in case of (supra) as change in alignment of road is not in public interest and the same has been done just to accommodate private respondent No. 4 – Fourthly, 100ft wide straight road is merging in a 60ft road at “T” point and change in alignment of road from straight to curve will not serve any public purpose – Lastly, petitioner, after registration of lease-deed/patta, has constructed house over plot whereas no construction has been made by respondent No. 4 on his plot, therefore, equity is also in favor of petitioner – Writ petition allowed.

JUDGMENT :

INDERJEET SINGH, J.

This writ petition has been filed by the petitioner with the following prayers:

    “(i) That the impugned order dated 27.11.2017 annex p/11 passed by the respondent no. 1 may kindly be quashed and set aside.

(ii) That the decision taken by the UIT dated 20.02.2018 annex P/13 may kindly be declared illegal and may kindly be quashed and set aside with all consequential benefits.

(iii) That the letter annexes P/15 dated 13.06.2018 may kindly be quashed and set aside.

(iv) That the patta issued to the Petitioner i.e. annex P/2 may kindly be ordered to be restored and the respondents may kindly be directed not to interfere in the peaceful possession of the Petitioner in the plot in question.”

2. Brief facts of the case are that petitioner purchased a plot situated in Qila No. 25 of Murabba No. 39/41 of Chak 3E Chhoti, Sri. Ganganagar ad-measuring 30ft × 85ft. After purchasing of the said plot, the petitioner submitted an application with Urban Improvement Trust (referred to as, ‘UIT’) for issuance of patta so that she can construct a house over the said plot. The UIT considered the request of petitioner and issued an allotment letter dated 10.11.2000 under Section 90B of the Land Revenue Act, 1956 and also issued lease-deed on 10.11.2000 and the same was duly registered with the Sub-Registrar, Sri. Ganganagar. After issuance of the allotment letter as well as the lease-deed, the petitioner constructed a house over the said plot and started residing peacefully.

3. As per the plan approved on 12.09.1989 by UIT, in front of the plot of the petitioner, 100ft wide road was shown therein, which merged in the 60ft wide road on a “T” point. In the final master plan of city of Sri. Ganganagar for the year 2003-2023, the 100ft wide road has been shown as straight and not in the spiral shape. The respondent No. 4 submitted an application in the year 2015 seeking permission for construction of a house on the plot measuring 75ft × 165ft situated other side of the road for which the Land Conversion Officer, Sri. Ganganagar issued patta in his favor on 27.09.1989, however, the same was not registered. The said application was considered by the UIT and the matter was referred to State Government vide letter dated 28.10.2015 with regard to application submitted by respondent No. 4. The State Government vide letter dated 27.11.2017 directed the UIT for correction in the alignment of road as per the previous master plan dated 1981-2001. The UIT in its meeting of empowered committee dated 20.02.2018 (Annex.R/6), in compliance of directions issued by the State Government, took decision for changing the alignment of 100ft road from straight to curve and the patta issued in favor of the petitioner was also cancelled. Thereafter, the respondent-UIT had issued a notice dated 13.06.2018 informing the petitioner with regard to cancellation of the patta issued in her favor. Hence, this writ petition has been filed by the petitioner.

4. Learned counsel for the petitioner has submitted that respondent-UIT had issued lease-deed/patta in favor of the petitioner on 10.11.2000, which was duly registered before Sub-Registrar, Sri. Ganganagar and the same cannot be cancelled by way of an administrative order. Counsel further submitted that respondent-UIT issued the lease-deed/patta in favor of the petitioner as per the approved plan dated 12.09.1989, therefore, respondent-UIT cannot cancel the same. Counsel further submitted that as per the master development plan of Sri. Ganganagar for the year 2003-2023, the 100ft wide straight road has been shown in front of the house of petitioner, which has been merged in 60ft wide road on a “T” junction. Counsel further submitted that respondents have changed alignment of road from straight to curve without there being any public interest. Counsel further submitted that change in alignment of the road, affecting the house of petitioner, is violation of the guidelines issued by the Division Bench of this Cour

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