Honble MADAN, J. – The above-named petitioners have filed this writ petition in the matter of interpretation of relevant provisions of the Rajasthan Urban Improvement Trust Act, 1959 (for short UIT Act) and Jaipur Development Authority Act, 1982 (for short JDA Act) and in the matter of Rajasthan Housing Board Act, 1960 (for short RHB Act).

(2). The facts giving rise to the filing of these writ petitions, briefly stated, are that the petitioners are khatedar tenants having half share each in respect of agricultural land bearing khasra Nos. 181 and 227 measuring 2 bighas 9 biswas in village Jhalana Doongar District Jaipur. The petitioners have been in continuous cultivatory possession of the aforesaid land since the time of their ancestors and have also constructed their residential houses over the said land which are also used for agricultural activities and for keeping of the cattle and fodder etc.

(3). It has been contended in the writ petitions that a resolution was passed by U.I.T. Jaipur on 1.1.1976 whereby the Government of Rajasthan sought to acquire the petitioners aforesaid lands for the planned development of Jaipur City. The resolution was followed by a notification published under Section 52(2) of the U.I.T. Act, 1959 for determining compensation by agreement. It has been contended on behalf of the petitioners that the compensation was determined subject to the following terms and conditions:–

1. the compensation for Barani land (unirrigated) @ Rs. 10,000/- per bigha,

2. that the compensation for `Chahi land (irrigated) will be paid @ Rs. 12000/- per bigha,

3. that the lands which were entered in the revenue record as Barani land but improvement thereon has been made by digging a well etc., compensation will be given of the said lands @ `Chahi land,

4. that compensation for a fixture, walls, wells etc. will be paid as per the estimates prepared by the Urban Improvement Trust,

5. that every farmer whose lands have been acquired will be allotted one plot each measuring 250 Sq. yards at the scheme rate,

6. that those farmers whose lands/houses will be adjusted in the scheme, will have to pay Nazrana at the scheme rate.

(4). In pursuance of the aforesaid agreement possession of the land of the petitioners was taken by the respondents while leaving the residential houses of the petitioners which were in their use and occupation. It was further agreed bet- ween the parties that the possession of the constructed houses of the petitioners would not be interfered with and it will be adjusted in the scheme. This was however, subject to the payment of Nazrana (compensation in lieu of acquision), vide agreement Annexure 1 on the record. In pursuance of the aforesaid agreement compensation was determined and paid to the petitioners at the rates as indicated aforesaid in respect of their shares of the land in question. The grievance of the petitioners is two-fold:– i- Notwithstanding condition No.5 of the agreement on the basis of which determination of their respective shares over the land was to be done and which stipulates that every farmer whose land has been acquired will be allotted one plot each measuring 250 Sq. yards at the scheme rate, no allotment of the plot has been done till date, ii- Instead of making allotment as agreed, the petitioners are being threatened with demolition and dispossession of their residential houses constructed over the land in question. This is also in violation of the agreement that their pacca houses will be adjusted in the scheme and Nazrana towards the cost of the land would be paid at the scheme rate. Since nothing has happened with regard to the compliance of the aforesaid agreement, the petitioners are in helpless situation and having been left with no other alternative and effi- cacious remedy have moved this court for enforcement of their fundamental rights under Arts. 14, 19 and 21 of the Constitution of India.

(5). It has been contended on behalf of the petitioners that the respondents are est

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