JAIPUR DEVELOPMENT AUTHORITY Vs. MAHESH SHARMA

JUDGEMENT

(1.) We propose to dispose of these appeals together since the issues in these matters are interconnected.

(2.) A narration of the facts leading to the filing of the present appeal would indicate as to how money and land of the Government has been squandered away by some of the Government officials of Jaipur by joining hand with certain private parties. The facts of the present case would also reflect how unscrupulous and adventurous people in connivance with bureaucrats and persons in power have not only sought to give undue advantage of giving compensation for land but also sought to grab valuable lands causing willful loss to the Government exchequer and gain unto themselves. Facts of the present case appropriately reflects the earlier observations of this court in Secy., Jaipur Development Authority v. Daulat Mal Jain, 1997 1 SCC 35 wherein it was stated that public policy cannot be a camouflage for abuse of power and trust entrusted with a public authority or public servant for the performance of public duty and an illegal allotment of land founded upon ultra vires and illegal policy of allotment made to some other persons wrongly would not form a legal premise to ensure it to the respondent or to repeat or perpetuate such illegal order nor would it be legalized.

(3.) These points find close imitation in the facts of this case, which we may briefly narrate here. This appeal arises out of an order passed by the Rajasthan High Court in a contempt petition filed against the appellant, Jaipur Development Authority, for failure to comply with an order of the High Court of Rajasthan passed in 1984 to award the respondent not only compensation for the land acquired but also directing for allotment of a plot of developed land admeasuring 2500 sq. yards. On 18.02.1952, the Rajasthan Land Reforms and Resumption of Jagir Act (hereinafter "Jagir Act" for short) came into force whereby all Jagir lands from the commencement of the Act was made liable to payment of land revenue to the Government. With the coming into force of the aforesaid Act, land measuring 29 Bighas and 17 Biswas under the occupation of Idol of which Mahant Ram Narain was the Manager, being the sole priest of the temple, also vested with the Government. The said land measuring 29 Bighas and 17 Biswas was resumed by the Government effective from 01.08.1960. A Notification, however, was issued under Section 4(1) of the Rajasthan Land Acquisition Act (hereinafter "the Act" for short), which was published in the Rajasthan Gazatte on 09.06.1960, to acquire 552 Bighas and 8 Biswas of land in village Bhojpura and Chak Sudershanpura Tehsil Jaipur. The land which was sought to be acquired under this Notification also included the aforesaid 29 Bighas and 17 Biswas of land, which is included in Khasra Nos. 257, 258, and 259, which was popularly known as Lal Kothi scheme, which is adjacent to Jaipur city for a planned development of the city. On 03.05.1961, a Notification under Section 6 of the Rajasthan Land Acquisition Act came to be published in the Rajasthan Gazette for the same area of land. The sole priest of the temple submitted a statement of his claim on 16.09.1965 for payment of compensation by treating his Maufi rental income of Rs. 1,000/- before the Jagir Commissioner. An order was passed on 17.10.1968 by the Jagir Commissioner sanctioning the payment of a sum of Rs. 2250/- as interim compensation and rehabilitation grant payable to the Jagirdar Mahant Ram Narain under Section 36 of the Rajasthan Land Reforms and Resumption of Jagirs Act, 1952. The aforesaid compensation was received by Jagirdar Mahant Ram Narain on 29.10.1968 as interim compensation under the Jagir Act.