SOORANA CHARITABLE TRUST Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition, under Article 226 of the Constitution, has been filed by the petitioner challenging the validity of the order dated 20-3-1985 cancelling the allotment of land to the petitioner given to it for construction of a hospital on the ground that the petitioner Trust had not taken steps to build the hospital within two years and thus violated the conditions of allotment order.

(2.) IN pursuance of the State Government's decision dated 16. 07. 1970 to allot a piece of land measuring 4000 square yards at one fourth price of the reserve to the petitioner, the Jaipur Development Authority issued the allotment order dated 5. 10. 1972 to the petitioner on the condition that the petitioner would construct the hospital within two years of allotment. The period of allotment was extended from time to time and ultimately through letter dated 12-5-1982 extended two years further time to the petitioner. It was, however, mentioned that in the event of the petitioner did not complete the construction within two years, the allotment would stand cancelled. The petitioner did not start the construction of the hospital and requested for further extension. The Jaipur Development Authority wrote a letter dated 21-7-1984 to the petitioner, which reads as under : ***********

(3.) I have noted above that allotment order to the petitioner was issued in the year 1972 and the condition mentioned in that allotment order was that the petitioner would complete the construction of the hospital within two years. It, however, did not do so. Even after the re-allotment of the plot by the Jaipur Development Authority vide letter dated 12-5-1982, the petitioner failed in getting the hospital constructed. The petitioner's request for further time was turned down by the Government of Rajasthan on 12-3-1985. It was informed that the Government considered over the matter and since no effective steps were taken to construct the hospital and conditions were violated, therefore, allotment of land had been cancelled. The State Government called upon the respondent No. 2 to take possession of the land immediately.