JUDGMENT :

1. Though the matter was listed in ‘Orders on Interim Application’ Category but on the joint request of both the counsel for the parties, the matter is heard finally today itself.

2. The present writ petition is preferred under Article 226 and 227 of the Constitution of India, claiming following reliefs:

that this writ petition may kindly be allowed and by a writ, order or direction, the non-petitioners may kindly be directed to allot Abadi land to the petitioners in exchange of their land as agreed between the parties.

In the alternative, the non-petitioners may kindly be directed to make payment of cost of the land to the petitioners as per the present market rate of the land of the petitioners or the agreed Abadi land which was to be allotted to them.

Any other appropriate order or direction which is found just and proper may kindly be passed in favour of the petitioners.

3. Brief facts of the case are that the petitioners are the Khatedars of the land bearing Aaraji Nos. 1036 and 1037 situated in village Sanwad, tehsil Mawli, district Udaipur, which are in the names of the petitioners No.1 and 2.

4. On 30.3.2007, for extension of the building of Public Health Centre, Sanwad for raising construction of quarters and other facilities under the Nation Rural Health Mission Scheme, land was required to be made available to the Municipal Board, for which a sanction of Rs.43 lacs was made by the State Government. Since the vacant land was not found available and in absence thereof the amount of Rs.43 lacs sanctioned by the State Government was required to be returned, therefore, it was decided to have a site inspection regarding availability of suitable land adjacent to Public Health Centre and for submission of the report. In pursuance of the decision dated 30.3.2007 (Annexure-3), it was decided that Aaraji No. 1036 and 1037 belonging to the petitioners are nearer to the Public Health Centre and on 27.2.2008, by a proposal, it was decided that the land of the aforesaid Khatedars may be taken as per the mutual consent for the consideration of cost or allotment of Aabadi land. For that purpose, the consent was taken from the competent authority and permission was also given by the Administration and finance departments and for that purpose, the Chairman and the Executive Officer of the Municipal Board were authorized to do so.

5. Thereafter on 11.4.2008 in Municipality Fatehnagar Sanwad Office report (Annexure-1) it was mentioned that Aaraji Nos. 1036 and 1037 are in the names of the petitioners No.1 and 2 and it was decided that proposals be sent to the petitioners for giving their land for construction of the building for Public Health Centre in exchange of the cost or Aabadi land. In pursuance thereto, the proposals were sent to the petitioners and the petitioners showed their readiness regarding that proposal for allotment of Aabadi land of the Municipality in exchange of their land. Thereafter the land of the petitioners measuring 4737 and 8500 square feet, total 13237 square feet was taken.

6. In the General Meeting of the Municipal Board a report dated 2.3.2007 regarding proposal No.2 was passed wherein the letter of the Municipal Board dated 7.3.2007 (Annx.2.) was issued wherein it has been mentioned that as for construction of building for the Public Health Centre, Rs.46,00,000/-have been sanctioned by the State Government and in absence of land, the amount will be returned to the Government and therefore it was decided that the land of the Khatedars situated near the Public Health Centre may be acquired and made available to the Municipal Board for which administrative and financial sanction was taken.

7. A letter dated 30.3.2007, (Annx.3.) was issued by the Executive Officer of the Municipal Board to the Patwari of the area for making site inspection of the land situated adjacent to the Public Health Centre. The Chairman and the Executive Officer, vide letter dated 7.3.2008 (Annx.4.) in consequence of the meeting dated