Advocates:
['KK SHARMA', '', 'VEENA TRIVEDI', 'MAHENDRA GOYAL', 'GOVIND RAWAT', 'ASHWANI CHOBISA']

CW 359/01

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In the High Court of Judicature for Rajasthan

Jaipur Bench

**

Civil Writ Petition No.359/2001

Jagdamba Colony Vistar Vikas Samiti & Ors

Versus

State & Jaipur Development Auithority

Date of Order ::: 24/07/09

Hon'ble Mr. Justice Ajay Rastogi

Mr. Kamlakar Sharma, for petitioner

Mr. Mahendra Goyal, for respondent JDA

Instant petition has been filed jointly

by Jagdamba Colony Vistar Vikas Samiti along

with its allottee members (petitioner NO.2 to

5), seeking direction against respondent-State

& Jaipur Development Authority (“JDA”) for

allotment of plots against 12% developed land

having been kept reserved by JDA vide order

dt.31/07/2000 upon acquisition of agricultural

land bearing Khasra Nos.201 & 202, measuring 48

bighas & 16 biswa situated in village Beed

Khatipura Jaipur District.

Petitioner

No.1-Vikas

Samiti

of

Jagdamba Colony is not a registered body but a

constituted body of members to whom plots were

allotted by Hathroi Garhi Grih Nirman Sahkari

Society (“Society”) in agricultural land

bearing Khasra No.201 & 202 of village Beed

Khatipura (Jaipur) which was sought to be

acquired vide notification dt.10/10/79 issued

CW 359/01

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U/s 52(2) of Rajasthan Urban Improvement Act,

1959 (“UIT Act”) and was measuring 17 bighas 13

biswa & 31 bighas 3 biswa respectively. It was

followed by notification dt.20/04/84 U/s 52(1)

of the Act declaring the acquired land in

dispute being needed for public purposes duly

vested in State Government; and accordingly,

notice dt.21/04/87 U/Ss 9 & 10 of the Land

Acquisition Act, 1984 (“LA Act”) were issued to

respective Khatedars and finally Award

dt.26/06/89 was passed.

However, the land, on which Scheme was

chalked out by the Society, as alleged in para

7, was recorded in the name of Khatedars Jodha

& Ram Sukh. While passing the Award by Land

Acquisition Officer, title over acquired land

was disputed; and after computing compensation

amount, LAO recorded finding that compensation

be disbursed to Khatedars including Jodha & Ram

Sukh after settlement of their title over the

land in question (Ann.R.1).

When amount of compensation was not

being collected by Khatedars in pursuance of

Award, the same was deposited in civil court

U/s 31 of the LA Act and after taking

possession of acquired land on 30/10/84

(Ann.R2/2) and mutation of the land of Khasra

CW 359/01

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NO.201 & 202 was entered into in favour of JDA

vide mutation NO.121 dt.30/07/87 and the

acquired land in dispute is a part of Sector-1,

Part-C of Chitrakoot Residential Scheme

creating 543 plots over the land Khasra No.201

& 202 as is evident from lay out plan of

residential plots (Ann.R2/3).

It appears that after acquisition

proceedings were initiated and particularly

after issuance of notification U/s 52(2) of UIT

Act on 10/10/79, the Housing Society entered

into agreements with Khatedars Jodha & Ram

Sukh on 11/05/80 & 10/07/81 (Ann.A/1 & A/2) and

the society carved out plots and allotted to

its members including petitioners-2 to 5, as

well.

Counsel submits that the society

alongwith Khatedar Jodha had preferred CWP-

2434/92 questioning acquisition proceedings

initiated vide notification dt. 10/10/79; but

their writ petition was dismissed vide order

dt.27/08/97. However, it was averred in CWP-

2434/92 by Jodha that he had entered into an

agreement to sale of the acquired land in

dispute in favour of the housing society and

possession was also handed over of the land in

dispute to the society and Khatedar has no

CW 359/01

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right, title or interest thereon and

compensation be also paid to the housing

society; as such petitioners being members of

the housing society