SHREE SWAMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed in this court under Art. 226 of the Constitution with a prayer for enforcement of petitioner's fundamental rights under Arts. 14 read with 51A, 163 and Schedule 3 of the Constitution of India. The petitioner is a public spirited citizen of India and an Advocate by profession.

(2.) The facts giving rise to the filing of this petition briefly stated are that the petitioner has placed a reliance upon a newspaper report dated 20/04/1994 published in Jaipur Edition of Navbharat Times vide Annex, 1 to this writ petition which is in vernacular. The caption of the said news report reads as under : Hindi Text As per the aforesaid newspaper report the State Government of Rajasthan had already completed the acquisition proceedings of 200 acres of land known as Rambagh Pologround on behalf of Jaipur Development Authority (For short 'JDA') for the purpose of constructing residential houses in the suit locality. The aforesaid acquisition proceedings were completed after the decision of the Apex Court of the country.

(3.) In lieu of acquisition of the aforesaid 200 acres of land the State Government fixed Rs. 4 crores as compensation payable to Ex-ruler of former Jaipur State Brigadier Bhawani Singh. It is contended in the petition that Shri Bhawani Singh had claimed 350 crores as compensation in appeal which is pending before Hon'ble Supreme Court. It is further stated in the petition that the function was organised by Old Students of Mayo College at Rambagh Polo-ground on 19/04/1994 where as per news report Shri Bhairon Singh Shekhawat, Hon'ble Chief Minister was the Chief-Guest. After the prize distribution ceremony was over, Hon'ble Chief Minister was approached by some workers of INTAC along with Mrs. Gayatri Devi Ex. Rajamata of Jaipur who requested Hon'ble Chief Minister to sign the representation containing the signatures of Rajmata, her son Shri Jagat Singh Ex. Maharaj Kumar Jaisingh, Rashmikant Durlabhji Ex. Ruler of Jodhpur, Maharaj Gajjsingh besides some Army Officers, Industrialists and others. The aforesaid representation containing the signatures of about 400 persons including the Hon'ble Chief Minister was to be presented to the Government of Rajasthan as per Shri Jaisingh, the President of INTAC, Jaipur Chapter. It is further contended in the petition that the aforesaid signatures to the representation have sought cancellation of acquisition proceedings which are already completed so far as the State Government is concerned, with a view to retain the said 200 acres of land worth above Rs. 500 crores for Polo-ground and Golf Course etc.