JUDICIAL OFFICERS OF KOTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE only question, which presently requires determination, is whether the State can retain the three buildings constructed over the land allotted to the High Court, in which, the offices of the Director Local Bodies; Director Social Welfare; and, the Public Works Department are being run. THE Government of Rajasthan had appointed a committee in July 1954, for advising it on the question of allotment of the site for the erection of the building for the High Court Bench at Jaipur. THE Committee had selected the land to the sought of the Secretariat building. Out of the total area of 30 bighas, 17. 5 bighas belonged to the Maharaja of Jaipur and this was part of the covenant land. THE Maharaja agreed to part with the land on the basis of the proposals of the Government for the exchange of the aforesaid land, with that of the land lying behind the Viman Bhawan. THE Maharaja had expressed his willingness for the exchange of the land through the letter of Rao Chandrapal Singh, Controller of the Private Properties of the Maharaja of Jaipur dated May 01, 1955. By letter dated May 23, 1956, the Chief Secretary to the Government of Rajasthan, Central Administrative Department `c', requested the Government of India for according approval to the proposed exchange of the land. THE letter also advised the Government of India to amend the inventory of the private properties of the Maharaja of Jaipur. In response, the Government of India signified its no-objection by the letter of the Under secretary to the Government of India, Ministry of Home Affairs dated June 01, 1956, addressed to the Chief Secretary to the Government of Rajasthan, Jaipur. THE Government of India also amended the inventory of the private properties of the Maharaja of Jaipur accordingly. After the exchange a total of 30 bighas of land was allotted for the construction of the High Court building at Jaipur. This is evident from the Khasra-Girdawari of Samvat- 2056, corresponding to the English Calendar year 1958. THE construction of the High Court building was commenced in the year 1957 and the same was completed in the year 1959. In the meanwhile, a decision was taken to have a unified High Court, located at Jodhpur. It was only in the year 1977 that a Bench was created at Jaipur.

(2.) DURING the aforesaid gap of time, the land allotted to the High Court was encroached upon by a private party, who was ousted in the year 2001 and by the aforesaid Government departments.

(3.) LIST the matter after four weeks for reporting compliance. .