Advocates:
['RB MATHUR', '', 'RAJAT RANJAN', 'AMIT KURI']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 9362/2018

M/s. Sun City Project Pvt. Ltd. Through its Director Shri

Varun Aggarwal, son of Shri Subhash Aggarwal, aged 34

years, Resident of Sun City Business Tower, Sector-54,

Gurugram, Haryana.

----Petitioner

Versus

The Jaipur Development Authority, J.L.N. Marg, Jaipur,

through its Secretary.

----Respondent

For Petitioner(s)

:

Mr. R.B. Mathur with

Ms. Archana Jangir & Mr. Amit

For Respondent(s)

:

Mr. Amit Kuri with

Ms. Kavita Sharma

HON'BLE THE CHIEF JUSTICE

Order

Judgment Reserved on

::

12/02/2021

Judgment Pronounced on

::

26/05/2021

1.

Instant writ petition has been filed by petitioner-

Company with the following prayers:

“(a)

Quash/set aside the judgment of Tribunal dated

13.04.2018 (Annexure-1)

(b)

Quash/set aside the communications/demand

dated 5.1.2016, 15.03.2016 & 22.09.2016

(Annexure-2, 3 & 3A)

(c)

Declare the action of the respondents of raising

the demand in pursuance to audit objections as

illegal and arbitrary.”

2.

I have heard learned counsels for the respective

parties.

(2 of 21)

[CW-9362/2018]

3.

Learned counsel for the petitioner submitted that the

khatedari land measuring 07 bigha 09 biswa was acquired

by a partnership firm, namely M/s Assam Roller Flour Mills

vide registered Sale Deed dated 27.09.1960 and thereafter

got it converted into industrial under the provisions of

Rajasthan Industrial Areas Allotment Rules, 1959.

Consequent thereto, a lease deed between M/s Assam

Roller Flour Mills and Government of Rajasthan was

executed on 13.07.1966 and got registered on 10.08.1966.

4.

The industry established on the disputed land by the

firm had to be closed down in the year 2000 and in the

beginning of 2003 the firm applied for re-conversion of this

land into agricultural land. At that time, Rule 13 and Rule

14 of the Rajasthan Industrial Areas Allotment Rules 1959,

permitted such re-conversion. The difference in both the

rules was that Rule-13 gave the absolute right to get the

land re-converted into agricultural, whereas Rule-14 dealt

with the situation where a person intended to use such

converted land for any other non-agricultural purpose.

5.

It was further argued that the said application

remained pending for a period of more than two years.

Meanwhile, Rule-13 was deleted by GSR 42 dated

06.10.2003, therefore, the application moved by the firm

was dealt with under Rule-14(1) and the Collector vide

order dated 22.06.2005, allowed the re-conversion of their

land from industrial to agricultural. After the deletion of

Rule-13, there was no provision in Rajasthan Industrial

(3 of 21)

[CW-9362/2018]

Areas Allotment Rules 1959 for simple re-conversion of

khatedari land from industrial to agricultural where the

khatedar had to close-down the mill/industry established on

such land, as was the case with the firm M/s Assam Roller

Flour Mills. Therefore, Rule-14 was amended in the year

2010, which reads as under:

“Amendment of Rule-14 – The existing sub-

rule (1) of rule 14 of the Rajasthan Land

Revenue (Industrial Areas Allotment) Rules 1959

shall be substituted, namely:

(1) Any person who has surrendered his

khatedari land and got the land allotted on lease

for the setting-up of an industry may at anytime

apply to the Collector for reverting the land for

the original use. In such case, the Collector shall

pass an order for reversion and on such

reversion the status of the land shall be the

same as it was before he had surrendered his

khatedari rights, but he shall not be entitled to

get refund of any amount paid by him for the

conversion or otherwise. If the person whose

land was reverted to original use intends to use

the said land for other non-agricultural

purposes, he may apply to appropriate authority

for conversion under the relev