RAJ KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Though the matter was listed in 'Orders on Interim Application' Category but on the joint request of both the counsel for the parties, the matter is heard finally today itself.

(2.) The present writ petition is preferred under Article 226 and 227 of the Constitution of India, claiming following reliefs: that this writ petition may kindly be allowed and by a writ, order or direction, the non-petitioners may kindly be directed to allot Abadi land to the petitioners in exchange of their land as agreed between the parties.

(3.) On 30/3/2007, for extension of the building of Public Health Centre, Sanwad for raising construction of quarters and other facilities under the Nation Rural Health Mission Scheme, land was required to be made available to the Municipal Board, for which a sanction of Rs.43.00 lacs was made by the State Government. Since the vacant land was not found available and in absence thereof the amount of Rs.43.00 lacs sanctioned by the State Government was required to be returned, therefore, it was decided to have a site inspection regarding availability of suitable land adjacent to Public Health Centre and for submission of the report. In pursuance of the decision dtd. 30/3/2007 (Annexure-3), it was decided that Aaraji No. 1036 and 1037 belonging to the petitioners are nearer to the Public Health Centre and on 27/2/2008, by a proposal, it was decided that the land of the aforesaid Khatedars may be taken as per the mutual consent for the consideration of cost or allotment of Aabadi land. For that purpose, the consent was taken from the competent authority and permission was also given by the Administration and finance departments and for that purpose, the Chairman and the Executive Officer of the Municipal Board were authorized to do so.