RAM NARAIN DHABHAI Vs. STATE

JUDGEMENT

(1.) The facts are illustratively taken from SBCWP No. 7734/2010 Ram Narain Dhabhai & ors. vs. State and others and this common order will dispose of aforesaid writ petition along with two other connected writ petitions namely; SBCWP No. 1049/2012 (Chain Shanker Dhabhai ( brother of Ram Narain Dhabhai) and anr. vs. State & Ors. ) and also SBCWP No. 2403/2001 Laxmi Narain vs. State & Ors.

(2.) Both brothers, Ram Narain Dhabhai and Chain Shanker Dhabhai s/o Shiv Narain Dhabhai have preferred this writ petition, which was filed on 11/8/2010 in this Court and have claimed that the impugned order passed against them on 5/7/2008 (Annex.14) by the respondent no.3, Special Officer, UIT, Udaipur rejecting their application under Section 90B of the Rajasthan Land Revenue Act, 1956 may be quashed and set aside and the respondents may be directed to issue an order of regularization/allotment in favour of petitioners in terms of Section 90B of the Act and also they may not be dispossessed from the land in dispute. In the alternative, the petitioners have also prayed for quashing the allotment of land made in favour of private respondent no.4 Aaishwarya College of Education Sansthan vide Annex.25 dated 8/8/2008 and Annex.26 dated 18/8/2008.

(3.) The present writ petitions give rise to an interesting question arising under the provisions of the Land Acquisition Act, 1894 (for short 'the Act of 1894') and Rajasthan Land Revenue Act, 1956 (for short 'the Act of 1956') with regard to land in question situated in khasra nos. 4298, 4299 to 4303, 4342 to 4358 and 4383 of village Bhuwana, Tehsil Girva District Udaipur. A large chunk of land measuring 4800 bighas in the said Tehsil Girva District Udaipur including the land of present petitioners brothers situated in aforesaid khasras measuring 5.81 hectares was acquired by the State by issuing a Notification under Section 4 of the Act of 1894 on 21/2/1990 for the UIT, Udaipur for public purpose, to develop a residential colony known as 'Bhuwana Extension Scheme' for planned development and utilization of the notified land.