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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JAIPUR BENCH

ORDER

Trehan Home Developers Pvt. Ltd. Vs. State of Rajasthan & Another

(S.B. Civil Writ Petition No.3748/2011)

S. B. Civil Writ Petition under Articles 226

of the Constitution of India.

Date of Order:

March 28, 2012.

PRESENT

HON'BLE MR. JUSTICE ALOK SHARMA

Mr. Samit Bishnoi, for the petitioner.

Mr. R.P. Singh, AAG for respondents.

BY THE COURT:

The facts of the case are that the petitioner

company is engaged in the business of constructing

residential townships and for this purpose purchased

land situate in khasra Nos.432, 433, 453, 454, 455,

457, 458, 459, 460, 461, 471, 472, 473, 474, 475,

476, 481, 482, 483, 484, 485, 486, 488, 489, 491,

492, 494, 495, 496, 497, 499, 500, 501, 502, 503,

504, 505, 508, 509, 510, 511, 513, 514, 515, 519,

520, 521, 522, 523, 526, 527 and 528 at village

Nangal Savavadi and Khasra Nos. 4485, 485/785, 487,

488 and 497 situate at village Raisis Sub-tehsil

Bahadurpur District Alwar through registered sale-

deeds.

Abutting petitioner's land lay the khatedari land

belonging to one Hari Singh s/o Kishan Lal in khasra

Nos.469, 490, 494, 495, 498 and 525 situate at village

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Nangla Samavadi and Khasra Nos. 478, 479, 506 and

507 situate at village Nangla Raisis, sub-tehsil

Bahadurpur District Alwar. Hari Singh along with the

petitioner company was desirous of developing a

township. Consequently the petitioner company and

Hari Singh executed an agreement on or about 18-3-

2010, regarding their intent to jointly develop a

housing project over their respective lands aggregating

to 20.66 hectares.

The petitioner company and Hari Singh applied for

change of land used of the above referred parcels of

land from agricultural to non-agricultural by filing an

application before the Urban Improvement Trust Alwar

(herein after `the UIT'), which referred the matter to

State Level Committee headed by the Principal

Secretary, Urban Development & Housing Department,

Government of Rajasthan for the purpose. The State

Level Committee in its 104^th meeting dated 27-5-2010

accepted the application of the petitioner company and

Hari Singh for change of land use subject to certain

conditions on 21-5-2010. The petitioner company along

with Hari Singh thereafter on 3-7-2010 filed an

application under section 90B(3) of the Rajasthan Land

Revenue Act, 1956 (herein after `1956 Act') before the

UIT Alwar seeking user of the subject land varied from

agricultural to residential purposes, and for this

purpose sought to surrender the land to the UIT Alwar

as a precursor to the requisite order of conversion. As

warranted under the extant provisions of Section 90B

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of the 1956 Act, on receipt of the application, the

authorised officer of the UIT dealing with the matter

invited objections from the general public and issued

notice via publication in the news papers on or about

3-7-2010. No objection having been received in

response to the public notice dated 3-7-2010, the

Authorised Officer allowed the joint application filed by

the petitioner company and Hari Singh under Section

90-B(3) of the 1956 Act by two separate orders, both

dated 23-7-2010, one in respect of the land of the

petitioner company and the other in respect of Hari

Singh's land. Under the order dated 23-7-2010 the

land of petitioner company as also that of Hari Singh

stood resumed by the State Government for the

purpose of its imminent conversion and allotment for

non-agricultural purposes. Thus the proceedings under

Section 90B(3) of the 1956 Act stood concluded. No

challenge to the order dated 23-7-2010 was laid and

the same attained finality.

Subsequent to passing of the order dated 23-7-

2010, recording the surrender of khatedari rights

aforesaid of the petitioner company and Hari Singh for

the specified purpose, the petitioner company and Hari

Singh f