LAWS(RAJ)-2011-1-21

MANSAROVAR VYAPAR VIKAS SAMITI Vs. STATE OF RAJASTHAN

Decided On January 31, 2011
MANSAROVAR VYAPAR VIKAS SAMITI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) THE petitioner - Mansarovar Vyapar Vikas Samiti (for short 'the samiti') has preferred this writ petition to seek a direction on respondent No.2- Rajasthan Housing Board (for short 'the Board') for handing over possession of the land to the members of the samiti and, at the same time, to issue allotment letters to left out members. A further direction has been sought to release plan for construction of shops so that members of the petitioner samiti may raise construction on the land.

(2.) ON filing of reply by the respondents, an application for amendment was made, which was duly granted. With the amendment, additional prayer was made for setting aside enquiry report dated 26.5.2001 along with recommendations made therein.

(3.) TO support contentions, learned counsel for petitioner cited various judgments. Referring to the judgment in case of Poonam Verma & Ors. vs. D.D.A. (2007(13) SCC 154), Bangalore Development Authority vs. Hanumaiah & ors (2005(12) SCC 508, KK Bhalla vs. State of MP & ors (2006(3) SCC 581 and U.P. Financial Corporation & Ors. vs. Maini Oxygen & Acetylene Gas Limited & Ors. (1995(2) SCC 754, it is submitted that State Government cannot interfere in day-to-day business as held in the judgments so referred.