Honble BALIA, J.–Heard learned counsel for the parties.

(2). This litigation has little chequered history. The petitioner which is a private limited company has purchased the land in question from Shri Balveer Kumar Jain, Smt. Manju Jain, Dr. Gautam Jain and Dr. Veena Jain, which originally formed a part of Patta No.53 issued in case No.635/30-31 by the erstwhile ruler of Jodhpur in favour of Sarva Shri Anand Swaroop, Niranjan Swaroop and Vishambar Swaroop. The Patta while entailed a condition that the land shall be sued for the purposes of construction of a building, contained no condition as to the nature of the use for which the construction could be used. At the time when the petitioner had purchased the land, the constructed building was already there which was occupied by a privately run school viz., Lal Bahadur Shastri School. The petitioner, desirous of constructing a hotel on the land in question, submitted a plan for approval and permission for construction on he land in question before the Urban Improvement Trust, Jodhpur. The Building Committee of the Urban Improvement Trust, Jodhpur, in its meeting held on 6.5.98, approved the plan of construction of Hotel on the land.

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