NATIONAL INSTITUTE OF MEDICAL SCIENCES UNIVERSITY; NIMS UNIVERSITY RAJASTHAN AND ANR Vs. APPELLATE TRIBUNAL; STATE OF RAJASTHAN

JUDGEMENT

(1.) Writ Petition No. 16836/2012 seeks to challenge judgment dated 12.10.2012 of learned Appellate Tribunal, Jaipur Development Authority, Jaipur in appeal No. 37/2012, and Writ Petition No. 1814/2012 seeks to challenge inaction on the part of respondents in not considering the application of petitioners for allotment of land in question. Petitioners filed an appeal before Appellate Tribunal, Jaipur Development Authority, challenging notice dated 13.02.2012 issued to them under Section 72 of the JDA Act. In the notice it was stated that petitioner had encroached upon pasture land measuring 8247 square meter of Khasra No. 526, village Jugalpura, Jaipur-Chandwaji Road, within the territory of Jugalpura village. Learned Tribunal has dismissed the appeal of the petitioner on 12.10.2012 holding that the measurement report dated 11.09.2012 has found the petitioner to have encroached upon the pasture land measuring 8125 square meter, although notice to the extent of 122 square meter has been set aside, that means that appeal was allowed to that extent Aggrieved thereby, petitioner is before this Court in Writ Petition No. 16836/2012.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) Shri Ajeet Kumar Sharma, learned Senior Advocate, appearing on behalf of petitioners, has submitted that the impugned order is offshoot of the judgment dated 23.08.2011 passed by coordinate bench of this Court in Writ Petition No. 11153/2011 - Suo Motu vs. State of Rajasthan, which writ pertains to catchment area of Ramgarh Dam. Some part of catchment area was found to have been encroached by petitioner by raising certain walls etc, that were removed. However, the disputed land does not form part of the catchment area. It is independent of that area. Allegation that entire land is pasture land is not correct. It is contended that the revenue authorities are not sure about exact measurement and location of land of khasra No. 526 of said village. Learned counsel has taken the Court through judgment of the Tribunal to show that initially survey that was undertaken by the team of revenue department on 17th August, 2012, did not give exact measurement of encroachment but only indicated with reference to construction of certain blocks of building. That report was not signed by revenue officials and was prepared behind the back of petitioners. It being an ex-parte report, petitioners filed objections thereto. It was thereafter that learned Tribunal directed a fresh measurement to be undertaken. New report dated 11.09.2012 has indicated encroachment over the land area of 5920 square meter of khasra No. 526, which, according to respondent JDA, was in its khatedari. Learned senior counsel submitted that measurement has not been correctly taken. In this connection learned counsel referred to measurement/survey report. He read the survey report in whole to say that a defective method was adopted by the revenue team in taking measurement. While measurement was taken from two sides i.e. north and south, no such measurement was taken from eastern and western side and thus, there is every possibility of wrong measurement being taken and that exact location, of Khasra No. 526 may not have been correctly identified. It is also submitted that due to faulty method of taking measurement, so many villagers have also been adversely affected. In this connection, learned counsel referred to report at Page 121 of the paper book to show that names of as many as 20 villagers were mentioned therein with assertion that even they have made encroachment over the lands of Khasra No. 526 belonging to respondent JDA. Those names also include the Gram Panchayat, which constructed five shops measuring 20 meter x 3 meter i.e. 60 meters.