LAWS(RAJ)-2003-1-18

RAM CHAND TOLANI Vs. STATE OF RAJASTHAN

Decided On January 30, 2003
RAM CHAND TOLANI Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the order dated 19-12-1997, by which the land in dispute had been allotted to the Society and further for quashing the order fixing the rate at Rs. 290.00 per square yard for the said land.

(2.) The facts and circumstances giving rise to this case are that the petitioner claims to be a Member of Sindhi Samaj and has alleged that the allotment of the land in dispute had been made in favour of the Society by the respondent Rajasthan Housing Board vide order dated 19-12-1997 on collusion with the respondents, i.e. office bearers of the Society, the Chairman and other officers of the Rajasthan Housing Board. Relief sought is that the said society be restrained from raising any construction for school or Community Centre. This Court, from time to time, had passed certain interim orders, and earlier had directed that the matter shall be heard finally in Sept., 2002, but for paucity of time, it could not be heard and detailed interim orders had been passed, applications had been filed every day and disposed of by the courts, hence the matter was listed for final hearing on 28-1-2003.

(3.) Mr. Acharya, learned counsel for the petitioner has submitted that the allotment of land had been made in flagrant violation of the Rajasthan Housing Board (Disposal of Properties) Regulations, 1970 (for short, "the Regulation") and the rate fixed is much less than the rate at which it could have been allotted. The allotment has been made in collusion with the Chairman and other Office-bearers of the Rajasthan Housing Board (for short, "the Board") and it had been made without inviting any application from the public at large of the societies. Moreso, if the land had been allotted for the school, the society cannot be permitted to have the construction raised for community centre first.