Honble SHARMA, J.–Since all these three writ petitions involve similar questions of law and facts the same are being decided by this common judgment. Out of these three writ petitions; two writ petitions are filed as P.I.L. one by Komal Chand Patni and another by Dr. Arun Chaturvedi and the third writ petition filed by Jai Jawan Griha Nirman Sahakari Samiti challenging the validity of Section 90-A and 90-B of the Rajasthan Land Revenue Act, 1956.

(2). Petitioner Komal Chand Patni in his writ petition mainly prayed that the order dated 15.1.2002 issued by the Department of Urban Housing Development Department directing the Housing Co- operative Societies to surrender 200 ft. wide strip of land for institutional purpose may be quashed and set aside and the order dated 9.9.2003 issued by the Jaipur Development Authority be declared as mala fide, arbitrary and illegal.

(3). Learned counsel Mr. K.K. Sharma for the petitioner Komal Chand Patni submitted that Jawahar Lal Nehru Marg from Ram Nivas Bagh to Jawahar Circle is a prominent road of Jaipur and on both sides thereof prime lands and properties situated.

(4). It was further submitted that there are lands comprised in village Ramjipura developed by Jai Jawan Housing Cooperative Society Limited, Jaipur Industrial Estate Housing Cooperative Society Limited, Malviya Nagar Housing Cooperative Society Limited. One Mr. Rajendra Jain and various other persons have purchased agricultural lands vide separate registered sale deeds from the concerned khatedars for preparing housing development schemes on those lands. The Jai Jawan Housing Cooperative Society Limited prepared housing development scheme No. 3. The Jaipur Industrial Estate Housing Cooperative Society Limited prepared `Adinath Nagar Housing Development Scheme and Malviya Nagar Housing Cooperative Society Limited prepared `Panchsheel Enclave Housing Development Scheme after sub dividing the lands into various plots of different sizes.

(5). The Cooperative societies allotted plots to their respective members. The aforesaid societies have left 40% land for the purpose of amenities i.e., roads, sewerage lines, parks etc. for the occupants of the Society and for the benefit of the Members of the Society. After allotment most of the respective allotees have constructed residential buildings on more than 75% of the plots and have started residing therein.

(6). The grievance of the petitioner is that the existing JLN Marg was earlier 160 ft. wide and without any previous consent and approval 20 ft. wide strip of land was taken over from both the sides. Thereafter, the respondents compelled to surrender 200 ft. wide strip of land from both the sides. Thus 220 ft. wide strip of land was taken over without following due process of law.

(7). It is also contended that the ratio of 60:40 which is required to be maintained by the society cannot be maintained as 200 ft. wide strip of land was surrendered by the respective societies.

(8). Mr. Sharma also submitted that in the surrendered deed in respect of 20 ft wide strip of land it was clearly mentioned therein that this land will be utilized as facility area and it is also contended that 200 ft. wide strip of land is not a plane land but is a several feet deep `Nala in the form of Natural Rainy Water drain which can be converted and used only as a Park/Green area as done in nearby Park known as `Mahavir Park.

(9). Since aforesaid strip of land is only meant for facility which cannot be allotted to hospital and institutions and the allotment made in favour of respondent No. 3 Green Fire Hospital Private Limited on the concessional rate is per se illegal and the project report prepared by the Green Fire Hospital Private Limited to invest more than Rupees 60 crores and the allotment letter dated 9.9.2003 is challenged on the ground that the land measuring 17433 sq. yards has been allotted on the concessional rate of 60% reserved price of residential plot for 99 years lease.

(10). Similarly, in the writ

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