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2004 Supreme(Raj) 1068

K.S.RATHORE
H. V. Hotels Pvt. Ltd. – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
S.M. Mehta, Sr. Advocate with Priyanka Soni, for Petitioner
Bharat Vyas. Addl. Adv. General, for Respondents

Honble RATHORE, J.–Brief facts of the case are that the State of Rajasthan issued a public notice for auction of the plot of land measuring 10,490 Sq. Meter popularly known as PWD Chowki, Durgapura, situated at crossing of Tonk Road and JLN Marg, near Durgapura for construction of Hotel.

(2). The auction of the aforesaid plot took place on 14.2.1996. The petitioner give the highest bid at the rate of Rs. 8010/- per Sq. Meter. The bid of the petitioner being highest was accepted by the Government. Pursuant to acceptance of the bid, the petitioner deposited the entire amount of Rs. 8,40,24,900/- by 4th May, 1996.

(3). Thereafter, sale deed was executed between the petitioner and the Government on 26.3.1997 in the office of Sub-Registrar Jaipur.

(4). It was mentioned in the sale deed that out of the land measuring 10,490 Sq. Meter, a strip of land measuring 1510 Sq. Meter will be surrendered by the purchaser for road widening free of charge. It was also provided that the petitioner will be given the benefit in term of FAR which is calculated on the basis of original plot site i.e. 10,490 Sq. Meter. The clause (ii) of the sale deed provides parameters to be followed by the purchaser. it f
















































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