URBAN IMPROVEMENT TRUST Vs. BALVEER SINGH

JUDGEMENT

(1.) These two special appeals Nos. 21/82 and 183/82 have been filed by (1) Urban Improvement Trust. Jodhpur (for short 'the Trust') and (2) State of Rajasthan and the Special Officer, Town Planning Department, Jodhpur respectively against the judgment dt. Aprl. 30. 1981 of the learned single Judge, by which he allowed Civil Writ Petn. No. 13 of 1975 (Reported in ILR (1981) 31 Raj 656) filed by the petitioners-respondents Balveer Singh and eleven others and declared the Notification Annexure 18 dt. June 3, 1974 invalid and quashed the acquisition proceedings. As both the appeals are directed against the judgment dt. Aprl. 30. 1981 and involve identical questions and were heard together, we consider it proper to dispose them of by a common judgment.

(2.) Balveersingh and eleven others who are respondents in both the appeals, will hereinafter be referred to as the petitioners. They filed the writ petition challenging the acquisition proceedings of their land under S.52 of the Rajasthan Urban Improvement Act (No. XXXV of 1959) (hereinafter referred to as the Act). The petitioners purchased some land situate on the western side of the road leading from Circuit House to Ratanada Crossing, by a sale deed dt. Oct. 13, 1971 from His Highness Shri Gajesingh of Jodhpur for constructing houses for their own residence. They submitted an application on May 9, 1972 to the Secretary of the Trust for sub-division, reconstitution and improvement of the plots. A plan was submitted along with the application showing the proposed sub-division. The prescribed fee of Rs. 25/ - was also deposited by letter dt. Sept. 5, 1972, the Secretary of the Trust asked the petitioners to get the land in dispute converted into Abadi land. The petitioners sent a reply vide letter dt. Oct. 3, 1972 stating that the land is not an agricultural land, but is an urban land and reference was made to various documents. The Secretary sought further information by his letter dt. Nov. 22, 1972. No communication was received by the petitioners till Dec. 31, 1973. A Notification No. F15(3)(N.A./Group 2173 dt. Mar. 6, 1973 was published in the Rajasthan Gazette Part VII (Kha) page 3 dt. April 19, 1973, under S.32(1) of the Act. It was mentioned in the Notification that the Trust has decided to frame a scheme in respect of the land mentioned therein, which includes the land of the petitioners. In the Notification (Annx.-6), it was also stated that the scheme and the plan, and other information are available in the office of the Trust and they can be seen there. Captain Ratanlal (petitioner 5) and Raghuveer Singh (Petitioner 10) went to the office of the Trust to see the said scheme and the plan, but they were not available. According to the petitioners, the scheme and the plan were not available to corroborate the advertisement published in Hindi daily paper 'Daily Tarun Rajasthan' dt. July 15, 1973 marked as Anx.-7. The petitioners received notice Annx.-8 dt. June 28, 1973 on July 7, 1973 under S.52(2) of the Act calling upon them to show cause within 30 days why the land described therein be not acquired. In the notice, it was stated that the land is required for the purpose of improvement and for the provision of residential-cum-shopping scheme. The area of the land mentioned in the notice was 19,260 Sq. yds. In the advertisement published in 'Daily Tarun Rajasthan' dt. July 15, 1973, the land mentioned to be required for the scheme is about 1,00,000 sq. yds. The petitioners' land is 19,263 sq. yds. Captain Ratan Lal (petitioner 5) again visited the office of the Trust to see the scheme and the plan but the same were not available that time also. Thereafter, the petitioners submitted an application by registered post asking for certain information. Captain Ratanlal (petitioner 5) and Raghuveersingh (petitioner 10) submitted an application on July 31, 1973 for copies of certain documents in respect of the said scheme and offered to deposit Rs. 50/- as an advance for the cost thereof. This application was entertained, but the amount was not accepted. The sum of Rs. 50/- was remitted by M.O. but no copies were supplied. The petitioners then submitted objections to the show cause notice (annx.-8) to the Sub-Divisional Officer. Town Planning Department, Jodhpur. The objections were heard by the Special Officer. The petitioners were not aware of the decision of the objections. No information was sent by the State Government to the petitioners. Before submitting the report the petitioners were not afforded any hearing. It has been averred by the petitioners that during the hearing, which was held on Sept. 6. 1973 before the Special Officer, the Secretary of the Trust admitted that there was no scheme prepared till then though a resolution for framing the scheme was passed as far back as on Jan. 27. 1973. Copy of the Resolution has been placed on record marked as Annex.-11. Vide Gazelle Notification Anx.-12, dt. Sept. 11, 1973, published in the Rajasthan Gazette Extraordinary dt. Sept. 14, 1973, the Government declared that the Trust was framing a scheme known as 'Bhagati-ki-kothi Ratanada Scheme' within the area of approximately 69,69,600 sq yds. or 1,440 acres. The scheme included the land situate in the east as well as in the west side of the Circuit House to Ratanada Road. Further Notification Anx.-13. dt. Sept. 12,1973 was published in the Gazette Pan VI Kha dt. Sept. 14, 1973. This Notification under S.32(2) of the Act extended time for six months. The petitioners submitted objections Anx.-15 to the said scheme on Nov. 17, 1973. The object ions were heard by the Chairman of the Trust on Dec. 14, 1973, but no decision was communicated. It is said by the petitioners that the Chairman of the Trust submitted the scheme for sanction and approval of the State Government by its letter dt.. Jan. 4. 1974. The Government of Rajasthan published in the Rajasthan Gazette dt. Feb. 21, 1974 that the scheme submitted by the Trust has been approved vide Notification No. F 15(3) N.O./2/73 dt. Jan. 29. 1974. By letter Anx.-16 dt. Feb. 1, 1974 the petitioners were informed that their application has been rejected. They were also informed that their application for sub-division has been rejected on the ground that they had failed to submit the required information and also because of the fact that the site is under compulsory acquisition for a scheme of the Trust No. 6A. The petitioners again submitted objections by registered post on May 15, 1974. The Government issued Notification No. F6(13) T.P./73/132 dt. June 3, 1974 published in the Rajasthan Gazette Part 1(k) dt. Oct. 10, 1974, whereby the land described therein, including the land of the petitioners, was acquired under S.52(1) of the Act. The petitioners' land is mentioned at item No. 1 in the said Notification. It was stated in the said Notification that the land was being acquired on the representation of the Trust for improvement of the urban area of Jodhpur City and the scheme marked is No. 6A arid that the land will vest in the State Government free from all encumbrances with effect from the date of the publication of the Notification in the Rajasthan Gazette. The petitioners have stated that the Notification Annx.-18 does not contain the names of all the petitioners and some names have wrongly been mentioned. In addition to this, it was also submitted that even in the land on the west side of the road mentioned in Anx.-6, land shown as F, F1, F2, F3 and F4 in lay-out plan Anx.-20, measuring about 18,440 sq. yds. has been omitted to be acquired under the alleged scheme, and, thus, according to them, the scheme, if any, falls through. The petitioners filed the writ petition seeking the following reliefs :

(3.) The learned single Judge, after considering the submissions, that were made before him, has recorded the following findings : -