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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
GANESH RAM MEENA, J.
Soni Shikshan Samiti, Through Its President Shri Deepak Kumar, Son Of Shri Ram Prakash Verma – Petitioner
Versus
P.D. Poddar Welfare And Development Society, Through Its Secretary Nitin Agarwal Son Of Shri Prahlad Prasad Gupta and Anr. – Respondents
S.B. Civil Writ Petition No. 25637 Of 2018 Connected With S.B. Civil Writ Petition No. 3800 Of 2019
Decided On : 22-11-2023
Allotment - Land Allotment Policy-2015 - Rule 30 of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974 - The judgment discusses the allotment of land for a school and college, the application process, and the legal provisions governing allotment. It highlights the issues of proper application submission, default in payment, and the cancellation of allotment. The judgment also emphasizes the need for improvements in the Allotment Policy-2015 to safeguard public land and prevent misuse.
Fact of the Case:
The case involves two writ petitions filed against the order of the Divisional Commissioner, Bharatpur, regarding the allotment of land. The petitions were filed by Soni Shikshan Samiti and the Urban Improvement Trust, Bharatpur, against the common order dated 05.11.2018. The factual matrix of the case includes the application process, allotment decisions, and subsequent legal actions taken by the parties involved.
Finding of the Court:
The Court found that the allotment made in favor of the respondent-Society was not in accordance with the Allotment Policy-2015 and the Private Education College Policy 2015-16. It also held that the allotment in favor of Soni Shikshan Samiti was not valid as the land was not available for allotment at the time. The Court also highlighted the need for improvements in the Allotment Policy-2015.
Issues: The key issues addressed by the Court include the validity of allotment decisions, the default in payment by the allottee institution, and the competency of the Court of Divisional Commissioner, Bharatpur, to issue directions beyond the scope of the petition filed under Rule 30 of the Rules of 1974.
Ratio Decidendi: The Court's decision was based on the examination of the allotment process, the legal provisions governing allotment, and the actions of the parties involved. It emphasized the need for adherence to the Allotment Policy-2015 and the Rules of 1974 in making allotment decisions.
Final Decision: The Court upheld the setting aside of the allotment in favor of Soni Shikshan Samiti, quashed the directions issued to accept the amount from the respondent-Society and issue Patta in its favor, declared the allotment in favor of the respondent-Society as illegal and ineffective, and allowed the UIT, Bharatpur, to make a fresh auction for allotment of the land in question.
JUDGMENT :
1. Both the writ petitions; one by Soni Shikshan Samiti (SBCW P. No. 25637/2018) and another by the Urban Improvement Trust, Bharatpur (SBCW P. No. 3800/2019), have been preferred against the common order dated 05.11.2018 passed by the Divisional Commissioner, Bharatpur in Revision Petition No. 3/18 filed under Rule 30 of the Rajasthan Urban Improvement Trust (Disposal of Urban Land) Rules, 1974 (for short ‘the Rules of 1974’).
2. The petition under Rule 30 of the Rules of 1974 was filed by the respondent- P.D. Poddar Welfare & Development Society (for short ‘the respondent- Society’) against Resolution No.9 dated 08.12.2017 of the Urban Improvement Trust, Bharatpur (for short ‘the UIT, Bharatpur’) for taking decision in regard to allotment of the land in question to the petitioner- Soni Shikshan Samiti (for short ‘the petitioner- Samiti’).
3. FACTUAL MATRIX OF THE CASE:
(ii) The UIT, Bharatpur, issued an advertisement on 16.12.2016 inviting applications/ suggestions and objections in regard to the land in question situated in Sector-3, earmarked for the School.
(iii) The respondent- Society submitted an application for allotment of the land in question.
(iv) In the meeting of the UIT, Bharatpur, held on 25.01.2017, the application submitted by the the respondent- Society was considered and it was decided to seek informations.
(v) On 02.03.2017 the relevant informations were sought and after considering the applications and the relevant informations, the UIT Bharatpur vide Resolution No.11-B dated 29.06.2017 (05.07.2017) resolved to make allotment of land measuring 2064 sq. meter to the respondent- Society.
(vi) After decision of allotment of the land in question to the respondent- Society, the UIT, Bharatpur, issued a letter dated 09.08.2017 to the respondent- Society for depositing Rs. 1,41,86,228/- within 30 days with the stipulation that the conditions of Allotment Policy of 2015 will be applicable.
(vii) The the respondent- Society made an application on 06.09.2017 to the UIT, Bharatpur for extension of time for depositing the amount under Clause 5.7 of the Allotment Policy- 2015.
(viii) On 15.10.2017 the respondent- Society made a representation to the respondent- UIT, Bharatpur, under the provisions of Clause 5.3 of the Allotment Policy-2015 for making allotment of the land in question on 50% of the reserved price.
(ix) The application submitted by the respondent- Society for allotment of land in question on 50% of reserved price was forwarded by the UIT, Bharatpur to the State Government on 02.11.2017.
(x) On 27.11.2017 the petitioner – Samiti submitted an application to the UIT, Bharatpur, for making allotment of land earmarked by the UIT, Bharatpur for the School in Sector-3.
(xi) On the application of the petitioner- Samiti dated 27.11.2017, the UIT, Bharatpur in its meeting held on 08.12.2017 vide Resolution at Point No. 3 took a decision for allotment of 2064 sq. meter land to the petitioner- Samiti at reserved price + 15%.
(xii) In furtherance of the Resolution for allotment of the land to the petitioner- Samiti, the UIT, Bharatpur, on 15.12.2017 issued a demand letter demanding Rs. 1,41,86,216/- to be deposited within 30 days.
(xiii) In view of the demand notice the petitioner- Samiti deposited Rs.11,00,000/- vide Demand Draft No.678633 dated 15.12.2017. Thereafter, admittedly the petitioner-Samiti deposited Rs.30 lakh more with the respondent- UIT, Bharatpur and in this manner the petitioner- Samiti deposited Rs.41 lakh with the respondent- UIT, Bharatpur.
(xiv) When the application of the respondent- Society for allotment of the land in question on 50% of the reserved price was under consideration with the Government, the UIT, Bharatpur, vide letter dated 20.12.2017 requested the State Government that no further proceedings are desirable on the UIT’s earlier letter dated 02.11.2017 becau
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