KRISHNA NAGAR VIKAS SAMITI Vs. ANJANA KOTHARI

JUDGEMENT

(1.) THIS intra court appeal arises out of the judgment of the learned Single Judge dated 6th May, 2011, by which he has allowed the writ petition filed by Mrs. Anjana Kothari against the order of the Divisional Commissioner dated 26.9.2007 allowing the appeal under Section 90 -B(7) of the Rajasthan Land Revenue Act, 1956 (for short, "the Act of 1956") setting aside the order of the competent authority dated 12.1.2004 in Case No. 1592/2003 on the application filed by Smt. Anjana Kothari for conversion of 513.88 sq. yards of the alleged agricultural land, purchased by her from "Sagar Family Trust" to revert back the land to the Urban Improvement Trust (UIT), Jodhpur. The Competent Authority, Jodhpur under Section 63(1)(ii) of the Rajasthan Tenancy Act, 1955 (for short, "the Act of 1955"), extinguished the interest of the tenant on the purported surrender or abandonment of tenancy and directed the land to be under the U.I.T., Jodhpur from the date of the decision. The Competent Authority further directed the Tehsildar, Jodhpur to record the land in the name of the U.I.T. after taking of the land reserved for hospital (Dispensary) measuring 513.88 sq. yards from out of Khasra Nos. 61, 63, 64, 65, 404/63, 401/63, 407/61 and 409/61, area 134.66 bighas in the tenancy of Marwar Grah Nirmaan Sahakari Samiti Limited, Jodhpur.

(2.) THE Krishna Nagar Vikas Samiti, a Society of the residents of Colony developed by Marwar Grah Nirman Sahakari Samiti Limited, filed an appeal against the order dated 12.1.2004 before the Divisional Commissioner under sub -section (7) of Section 90 -B of the Act of 1956, alleging that the competent authority could not have passed such an order under sub -section (5) of Section 90 -B of the Act of 1956 by which the tenancy rights of a person, who was the purchaser of the land from the original tenant viz. Marwar Grah Nirmaan Sahakari Samiti Limited, were already surrendered under Section 90 -B(1) of the Act of 1956, and the land was allotted by the U.I.T. to Krishna Nagar Vikas Samiti. The Sub Division Plan of the Krishna Nagar Vikas Samiti developed by the Marwar Grah Nirman Sahakari Samiti Limited, was approved by the U.I.T. in which the land measuring 513.88 sq. yards was reserved as Dispensary and the adjacent land for the Post Office and park. The appeal filed by Krishna Nagar Vikas Samiti was dismissed for want of prosecution. A Writ Petition No. 5598/2004 was filed by Krishna Nagar Vikas Samiti challenging the order dated 12.1.2004 in which an objection was raised that the Krishna Nagar Vikas Samiti has already availed the remedy of filing an appeal before the Divisional Commissioner, which was dismissed for want of prosecution and in which an application for restoration was pending. Learned Single Judge dismissed the writ petition on 8.2.2005 with the direction that the Appellate Authority i.e. the Divisional Commissioner, Jodhpur will decide the restoration application for restoration of the appeal within fifteen days.

(3.) THE restoration application was allowed and the Divisional Commissioner, Jodhpur by his order dated 26.9.2007 allowed the appeal. The Divisional Commissioner after considering the entire background of the matter, found that the Addl. District Collector (Land Conversion), Jodhpur by his order dt. 20.5.1982 had converted the land in exercise of powers u/s. 90 -B(1) on the application of Marwar Grah Nirman Sahakari Samiti Limited, accepting the surrender and had resumed the land with allotment to Marwar Grah Nirman Sahakari Samiti Limited measuring 2,60,963 sq. yards in which 1,71,690 sq. yards of land was to be utilized for residential purpose, 3800 sq. yards for commercial purpose, 25,473 sq. yards for park and open place and 60,000 sq. yards for roads, totalling 2,60,963 sq. yards. The land conversion charges were not realized for conversion of 25,473 sq. yards, reserved for school and hospital. Out of this 25,473 sq. yards, 2906.94 sq. yards was allotted to Sagar Family Trust by the Marwar Grah Nirman Sahakari Samiti Limited for development. The trustees of the Sagar Family Trust entered into an agreement dated 11.4.1999 for sale of this land to Maharshi Gautam Shikshan Sansthan and on which two different leases for an area of 1452.39 sq. yards and 1454.55 sq. yards were executed on 10.6.2004 by Shri Bhanwarlal and Taja Ram. In the same manner, the Sagar Family Trust sold by registered sale deed executed by trustees Sagar Mai Jangid and Smt. Shashi Sagar the land for hospital to Smt. Anjana Kothari on 26.9.1994. On the strength of this sale deed, Smt. Anjana Kothari had applied for conversion of the land by depositing the allotment fees and got a lease deed executed on 27.2.2004 for 513.88 sq. yards of the land.