INDU BALA JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE undisputed facts are that the petitioners are the members of Jawaharpuri Grah Nirman Sahakari Samiti (hereinafter referred to as "the Samiti") and they have filed this writ petition in representative capacity as the members of the Samiti which is a registered Housing Society.

(2.) THE case of the petitioners is that the petitioner-Samiti entered into an agreement of sale dt. 31. 7. 1981 with the khatedara of the land in dispute. Urban Improvement Trust Jaipur (hereinafter referred to as "the UIT") sought to acquire the land in dispute for planned development of Jaipur City by issuing a notice under Sec. 52 (2) of the Urban Improvement Trust Act, 1959 (hereinafter referred to as "the Act of 1959" ). Pursuant to this, khatedara of the land raised objections but the acquisition proceedings had come to an end. THEreafter, the land in dispute was demarcated for the "residential colony" known as Sriram Colony, Tonk Road, Jaipur, plan of which was submitted to the Additional Collector, JDA for Land Conversion who in turn forwarded the matter to the JDA for approval. In compliance of the layout plan some of the members deposited conversion charges. However, the matter for regularisation of the said land was pending for necessary approval of the JDA.

(3.) RAMAVTAR who was petitioner in SBCWP No. 5561/91 submitted an affidavit for withdrawal of the petition immediately after the scheme is approved. Thereafter, Meeting was convened at the instance of the respondent in which following decision was taken:- " (1) The Society will surrender the land to Jaipur Development Authority falling within the right of way of the proposed By-pass. The society will not claim any compensation for this surrender of this land for road. (2) The Director (Engg.), Jaipur Development Authority will immediately take up the construction work of the proposed road as per the alignments to be finalized by the Town Planning Wing of Jaipur Development Authority. (3) The Chief Engineer, Rajasthan Housing Board also agreed to provide all necessary help for the construction of the important By-pass so that there is a smooth flow of traffic from Mansarovar to Malviya Nagar, Tonk Road and Airport areas. (4) After considering the layout plan of the society scheme the Jaipur Development Authority will take the possession of the land falling within the right of way and the society will withdraw the court stay. "